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Johnson v. State

Defense counsel was not deficient for failing to present evidence which would not have provided an airtight alibi.

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Patrick Johnson appeals his conviction by a jury of aggravated child molestation, aggravated sexual battery, and two counts of child molestation. He contends that his trial counsel’s failure to put his Sunday work schedule records into evidence rendered his assistance ineffective. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that C. H., a nine-year-old girl, told her biological father, Belton, that Johnson, her stepfather, had put his finger and penis in her anus. On more than one occasion, when her mother was not at home, C. H. was told by Johnson to go upstairs to the bedroom, take her clothes off, and get in bed. After that, Johnson inserted his finger and penis into her anus causing her pain. Later, C. H. found a wet place on her leg, cleaned herself, and went back downstairs to watch television. The physician who examined the child found that her passive and immodest behavior during the examination was consistent with molestation.

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