Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Johnson v. State

a defendant whose non-recidivist co-defendant received two consecutive life sentences did not show that he would have gone to trial, but for his counsel's allegedly deficient advice about the consequences of recidivist punishment.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Joseph Johnson, Jr., pleaded guilty to the felony murder and armed robbery of Prem Sharma and was sentenced to life imprisonment.1 He appeals the trial court’s denial of his motion to withdraw his guilty plea, contending that he was coerced into making the plea and his trial counsel was ineffective in misinforming him about the law on recidivism. Because Johnson made a voluntary and intelligent choice to plead guilty and trial counsel’s performance did not affect the outcome of the plea process, we affirm.

Johnson and his accomplice, Bruke Tesfaye, were charged in the same indictment with one count of malice murder, aggravated assault, and firearm possession and two counts of felony murder, armed robbery, and kidnapping. The grand jury indicted Johnson on an additional count for possession of a firearm by a convicted felon. Their cases were severed for trial, and a jury convicted Tesfaye on all counts.2 Johnson attended Tesfaye’s sentencing hearing at the suggestion of trial counsel and saw Tesfaye receive two consecutive life sentences and an additional 40 years consecutive imprisonment. Later that day, Johnson waived his right to a jury trial and entered his guilty plea to the charges of felony murder and armed robbery. Following the entry of his plea, the trial court merged the armed robbery count into the felony murder count and sentenced Johnson to one term of life imprisonment, and the State placed the remaining eight counts on the dead docket.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements