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Johnson v. State

The felony murder defendant was entitled to a mistrial after the state improperly placed his character at issue by introducing certified copies of his convictions for theft by receiving stolen property.

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Antonio Barnard Johnson was convicted of felony murder, possession of a firearm by a convicted felon and possession of a firearm during the commission of a crime.1 He appeals from the denial of his amended motion for new trial. Because we find that reversible error was committed by the introduction before the jury of improper character evidence, we reverse.

1. The evidence adduced at trial authorized the jury to find that appellant joined Montae Chisholm and Eric Grimes as they were walking home from a nearby restaurant. Appellant wanted money for the marijuana he had given Chisholm to sell; Chisholm informed appellant that a boy named “Cuda” had stolen the marijuana from him. The three men passed near a green truck in which Tony Anderson, who bore a strong resemblance to “Cuda,” happened to be sitting while waiting for a friend. When they reached Chisholm’s home, Grimes entered the apartment and Chisholm, just behind him, looked to his left in time to see appellant pointing a long-barreled weapon in the direction of the green truck. Several shots were fired; one struck Tony Anderson in the head, fatally wounding him. At the time the shots were fired, the only people in the immediate area were the victim and appellant. Appellant came to Chisholm’s apartment, panicked upon learning that Tony Anderson rather than “Cuda” had been shot, and fled the home.2

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