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Johnson v. State

Evidence that the defendant telephoned his co-indictee, asked for his assistance in robbing a bootlegger who lived in an apartment complex and said "let's get the cab" after discovering that the bootlegger was not home, supported his conviction for the felony murder of a cab driver shot by his co-indictee.

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Derrick Lynn Johnson appeals his convictions for felony murder, aggravated assault, and possession of a firearm during the commission of a crime, all arising from the killing of Pedro Huerta and the attempted shooting of Antonio Lonuza.1 For the reasons that follow, we affirm. Construed to support the verdicts, the evidence showed that Johnson asked his girlfriend, co-indictee Tanica Mosley, to go for a drive with him. Earlier that day, Mosley had, at Johnson’s request, placed Johnson’s handgun, a 9 mm automatic, in the trunk of Johnson’s car. Johnson drove to an apartment complex and picked up co-indictees, Nikki Pennington and Triwick Waters. The four drove to Antwjuan Mitchell’s residence. Johnson left the car for a few minutes and returned with Mitchell. After a short stop, the group drove to the Montega apartment complex. Mitchell was in possession of a .357 magnum handgun, which Mosley had previously seen Johnson take from Castillo’s closet and give to Mitchell.

At the Montega complex, Johnson parked close to its exit. Johnson and Mitchell got out, told the others to remain in the car, and walked around the side of one of the apartment buildings, to visit the apartment of a bootlegger, who was not there. After 10 to 15 minutes elapsed, Johnson and Mitchell returned, and Mitchell drove the group to a restaurant across the street from the apartment complex, and put water in the car’s radiator. Mitchell drove the group back to the Montega complex and saw a taxi cab. Johnson and Mitchell left the car, and Mosley got into the driver’s seat; both Johnson and Mitchell were carrying handguns. Johnson told Mosley to pull the car forward so as to block the exit to the apartment complex. Johnson and Mitchell hid behind a garbage dumpster.

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