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Johnson v. State

Any error in admitting cumulative evidence of three witness's hearsay statements during the presentation of the similar transaction evidence was harmless.

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Following a jury trial, Jeffrey Johnson was convicted of aggravated assault, two counts of aggravated battery, and possessing a firearm during the commission of a felony. Johnson appeals, challenging the sufficiency of the evidence and the admission of similar transaction and alleged hearsay evidence. He also contends that the trial court erred in denying his motion for a continuance. For reasons that follow, we affirm. The standard of review on appeal of a criminal conviction is whether, after viewing the evidence in a light favorable to the verdict, any rational trier of fact could have found the defendant guilty of the crime charged beyond a reasonable doubt.1 The defendant no longer enjoys the presumption of innocence, and we determine only the sufficiency of the evidence.2 We do not weigh the evidence or assess witness credibility.3

So viewed, the evidence shows that Johnson lived in a building that shared a common entrance hallway with three other apartments. On July 27, 2004, Andrew Chisholm, who was 21at the time of the trial, went to the apartment building to visit another resident, using a key the resident had given him to enter the outside door to the common hallway. Johnson, who was in the hallway, asked Chisholm why he was there and told him to leave. Chisholm replied that he was there to visit another resident and refused to leave. Johnson went into his apartment, retrieved a gun, and shot Chisholm in the stomach. Chisholm dropped to his knees and then stood, and Johnson shot him again, hitting him in the arm. After Chisholm ran out of the building, Johnson followed him and fired a third shot towards him, but missed. After the shooting, Johnson returned to his apartment and resumed eating.

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