Johnson v. State

Appellant David Michael Johnson appeals his convictions for malice murder, aggravated assault and illegal firearm possession,1 claiming, among other things, that the trial court erred with regard to several jury charges. Finding no merit to any of appellant’s claims, we affirm.

The evidence of record shows that in March of 1998, a rented burgundy Mercury Sable stopped in front of a barber shop where a group of people had gathered for a birthday celebration. Four men exited the Sable—appellant, co-defendant Roberts, Walters, and an unidentified man. The four men entered the shop, demanded money, and started fighting with the party-goers. When one of the party-goers attempted to run away, co-defendant Roberts shot him in the back and killed him. Two party-goers, Spencer and his nephew, struggled with appellant. When Spencer saw appellant pull a gun, he threw a radio at appellant. Appellant then aimed his gun at Spencer and shot him several times, seriously injuring him. At trial, three eye witnesses identified appellant as one of the assailants and the man who shot Spencer. Additionally, appellant was listed on the rental agreement as an alternate driver of the burgundy Mercury Sable, and appellant’s cell phone was found in the Sable.