Johnson v. State

The record belied the defendant's contention that the trial court failed to hold a hearing on the state's notice of intent to present evidence of two similar transactions.

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A jury found Johnny Johnson guilty of aggravated child molestation and several counts of child molestation. Johnson appeals, asserting that the trial court erred with respect to certain evidentiary issues and a jury charge, and that it improperly “interjected itself in the case.” Johnson also asserts that he received ineffective assistance of counsel. For reasons that follow, we affirm. Viewed favorably to the jury’s verdict,1 the evidence shows that in August 2001, the victim, who was then 14 years old, visited Johnson, her former stepfather, to shop for school clothes. She stayed at his house. Around 8 a.m., Johnson entered her bedroom wearing black shorts. He got in bed with her, put his hands under her shorts, and starting moving his fingers around her vagina. He then asked her what she wanted for breakfast and left her room. He returned shortly thereafter and told her to lie on her back. She complied, and he pulled her shorts to the side, put his hand on her vagina, and started rubbing her “down there.” At this point he was “over her” but not lying on top of her. She felt his penis “at” her vagina. He also touched her “breast area” and put his mouth on her vagina. He told her that he wanted to teach her about sex so that she would not be curious about it when she grew up, but that some people might think that the way he was teaching her was wrong. He also told her the incident was between the two of them, and it was up to God, not other people, to judge whether he was wrong. The next day, the victim reported Johnson’s conduct to her mother.

On August 20, 2001, Major Mike Overbey of the Butts County Sheriff’s Office interviewed the victim’s mother, the victim, and Johnson regarding the victim’s allegations of child abuse. Johnson admitting touching the victim’s breasts, but denied touching her anywhere else. He also said “it was just for playing and it was not for sexual reasons.”

Johnson v. State

The record belied the defendant's contention that the trial court failed to hold a hearing on the state's notice of intent to present evidence of two similar transactions.

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