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Johnson v. State

Defense counsel was not deficient for presenting an alibi defense.

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Following a jury trial,1 Antonio Johnson appeals his convictions for felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony, contending that the evidence was insufficient to support the verdict and that he received ineffective assistance of counsel. For the reasons set forth below, we affirm. 1. In the light most favorable to the verdict, the record shows that Montae Chisholm sold drugs for Johnson, and, on the afternoon of February 13, 1999, Chisholm got into an altercation with a person nicknamed “Cuda” because Cuda stole drugs from him. Chisholm then explained what happened to Johnson who became angered. That night, Anthony Anderson, who witnesses testified closely resembles “Cuda,” was waiting in a friend’s car in the parking lot of a housing project. Johnson approached the car with Chisholm nearby and asked him whether the person waiting in the car was “Cuda.” Chisholm said that he was not sure, but Johnson raised a gun and opened fire anyway. Chisholm witnessed Johnson raising the gun and aiming at Anderson. Anderson thereafter died from a gunshot wound to the head. Several other witnesses placed Johnson at the scene of the crime and testified that they saw him carrying a gun. In addition to this evidence, certified copies of Johnson’s prior felony convictions were properly admitted during trial.

This evidence was sufficient to enable the jury to determine that Johnson was guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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