Johnson v. State

The trial court properly admitted evidence that the defendant's father attempted to influence the victim's testimony to show consciousness of guilt by conduct.

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A Chatham County jury found Kevin Johnson guilty of armed robbery, kidnapping with bodily injury, two counts of aggravated assault, burglary, and possession of a firearm during the commission of a crime. On appeal, Johnson claims that the evidence was insufficient to support the verdict. He also claims that the trial court i erred in allowing evidence that his father offered to pay the victim to drop charges, and ii in denying his motions to suppress evidence of drugs and a handgun found in his bedroom by police. He further maintains that he is entitled to a new trial because police failed to disclose exculpatory evidence and because he received ineffective assistance of counsel. We affirm for reasons that follow.

On appeal from a criminal conviction, the defendant no longer enjoys the presumption of innocence, and we view the evidence in the light most favorable to the jury’s verdict. Grant v. State, 195 Ga. App. 463, 464 1 393 SE2d 737 1990. So viewed, the evidence shows that Joseph Morris and Kenya Mumford went out on October 31, 1999, and returned to Morris’s trailer that evening, where they were met by two men with handguns. Morris recognized Kevin Johnson as one of the men. Morris knew Johnson from playing basketball and from seeing him around the trailer park. Johnson was not wearing a mask. He carried a chrome semi-automatic pistol. The gunmen forced Morris and Mumford to the floor, and Johnson ransacked the trailer looking for money. Johnson found some cash in the closet, and then asked Morris where the remainder was. Morris did not answer. Johnson hit Morris on the head with the pistol, knocking him out for a short time. Morris then told Johnson that more money was in his car. Johnson took Morris’s car keys, and the gunmen left in Morris’s car.

Johnson v. State

The trial court properly admitted evidence that the defendant's father attempted to influence the victim's testimony to show consciousness of guilt by conduct.

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