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Johnson v. State

Trial court did not err in giving the dictionary definition of detain in response to the jury's request for an explaination of the term. The Court also held that any error in the trial court's instruction to the jury regarding the absence of a witness was harmless given the trial court's explicit charge on the state's burden of proof.

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Julius Raynard Johnson was convicted of four counts of armed robbery, two counts of kidnapping, two counts of false imprisonment, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. His extraordinary motion for new trial was denied, and he appeals, asserting five enumerations of error and the general grounds. Finding no error, we affirm. 1. In his sixth enumeration of error, Johnson raises the general grounds. We find the evidence sufficient to uphold the conviction under the standard established in Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Accord Whitehead v. State , 237 Ga. App. 551 1 515 SE2d 855 1999; Scott v. State , 172 Ga. App. 472 323 SE2d 683 1984.

2. Two of the victims initially told police that a firearm found at the scene did not belong to one of them, and then later changed their accounts. Johnson contends that the State violated Brady v. Maryland , 373 U.S. 83 83 SC 1194, 10 LE2d 215 1963, because it did not reveal this inconsistency to Johnson. Johnson, however, failed to object to this testimony at trial. Moreover, counsel for a co-defendant observed at the time that Brady was not implicated because “we’re in trial now. It’s out.” Another lawyer raised an objection, but then withdrew it, saying, “It’s not worth anything —take anybody’s time. I’m sorry.” And the trial court observed that the conflict in the testimony was not exculpatory, but impeaching, and allowed cross-examination on the inconsistent statements.

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