Johnson v. Commonwealth

184 S.W.3d 544, 2005 Ky. LEXIS 383, 2005 WL 3500288
CourtKentucky Supreme Court
DecidedDecember 22, 2005
Docket2004-SC-000516-MR
StatusPublished
Cited by19 cases

This text of 184 S.W.3d 544 (Johnson v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Commonwealth, 184 S.W.3d 544, 2005 Ky. LEXIS 383, 2005 WL 3500288 (Ky. 2005).

Opinions

ROACH, Justice.

I. INTRODUCTION

Appellant, Eugene Paul Johnson, was convicted of First-Degree Robbery by Complicity and of being a Second-Degree Persistent Felony Offender. On appeal, he makes four independent allegations of error: (1) that there was insufficient evidence to support his conviction; (2) that, during voir dire and in the presence of potential jurors, the prosecutor impermis-sibly defined the “reasonable doubt” stan[546]*546dard; (3) that evidence of his alleged statements of intent to commit another robbery was improperly admitted; and (4) that the jury instructions were improper, violating his right to due process. Having found no error, we affirm Appellant’s conviction.

II. BACKGROUND

On December 29,2003, between 9:00 and 9:30 p.m., Jason Brannock robbed Vette City Liquors (“liquor store”) in Bowling Green. It is undisputed that Appellant accompanied Brannock to the liquor store, but he denies any culpability for the crime. The two men were arrested together at a service station just a few hours after the robbery when police recognized that Bran-nock’s car matched the description of the getaway car used in the robbery.

Jeremy Poston and Wanda Ferguson, employees of the liquor store, were the first witnesses to testify, and they focused on the specific facts of the robbery. Although each of them had seen the perpetrator and observed that he was armed with a shotgun, neither could identify him because of the bandanas he wore on his head. Poston identified the getaway car and reported to police that the suspect had left in a red, late-model Chevrolet Cavalier with four doors. He did not observe or remember the car’s license plate number. Poston and Ferguson also testified that the perpetrator had stolen money from both the cash register and Poston’s wallet. Poston testified that the perpetrator had taken a payroll check as well.

Jason Brannock admitted his role in the crime and was the Commonwealth’s principal witness in this case. He testified that he and Appellant had spent the afternoon together at Appellant’s apartment. Bran-nock stated that earlier in the day, at approximately 6:00 p.m., he and the Appellant had driven to the liquor store where Appellant purchased a small bottle of whiskey. He testified that on their trip back from the liquor store, he and Appellant had jokingly discussed the possibility of robbing such an establishment.

Later that evening, Brannock claimed that he asked Appellant to take him back to the liquor store. He testified that Appellant drove the car, a red 2002 Chevrolet Cavalier, which belonged to Brannock. Shortly after their arrest Brannock stated to police that he had driven the car to and from the liquor store during the robbery. Upon arriving at the liquor store, Bran-nock directed Appellant to drive by the liquor store, allowing him to determine if there were any customers inside, and to park the car in the back. After they parked, Brannock exited the car and donned a camouflage jacket and two bandanas, which he used to cover his face and head. Brannock testified that he also took a shotgun from the car. Brannock stated that the shotgun had been stowed beside his seat and was unknown to Appellant. He also testified that Appellant had no knowledge of his intention to rob the liquor store.

Brannock testified that after the robbery was complete, he returned to the car and informed Appellant that he had just robbed the liquor store. He claims that Appellant asked if he planned to turn himself in to the police. After he replied that he intended to do no such thing, Appellant then threatened to call the police if Bran-nock did not split the proceeds of the robbery with him. The two men drove to the parking lot of a nearby shopping mall and divided the money. Brannock stated that he then drove the car back to Appellant’s apartment, where he changed clothes and disposed of most of the clothes he had worn during the robbery in an outdoor trash receptacle.

Later, the two left the apartment in Brannock’s car. They were arrested after [547]*547two Kentucky State Police vehicles recognized Brannock’s car in the parking lot of a service station. Poston was brought to the service station, but he could not identify the perpetrator. He did, however, identify Brannock’s car as the one he had seen leaving the liquor store parking lot.

Miriam Hunter, Appellant’s roommate, also testified for the Commonwealth. She stated that she arrived at the apartment she shared with the Appellant at approximately 8:45 p.m. on the night of the robbery. She testified that Brannock and the Appellant had arrived together a short time later and that both men were acting strangely. She also claimed Appellant gave her a small amount of money but would not disclose its source. Most significantly, she testified that she had previously overheard Appellant and Brannock discussing the possibility of robbing an area pawn shop.

Although Appellant declined to testify or present any evidence at trial, he did participate in a videotaped interview with Detective David Bragg, the lead investigator in the case. During that interview Appellant denied any prior knowledge or intent to commit the crime. He admitted that he had driven to the liquor store with Bran-nock, but he claimed that Brannock had been driving. He also stated that after they arrived he fell asleep in the car and was not awakened until Brannock returned and he announced he had just robbed the store. Another police officer testified that at the time of Appellant’s arrest, a search of his person revealed $188.00 in cash. The case was submitted to the jury for a verdict at the close of the prosecution’s case. The jury found Appellant guilty and he was sentenced to twenty years imprisonment. He appeals to this Court as a matter of right. Ky. Const. § 110(2)(b).

III. ANALYSIS

A. Sufficiency of the Evidence

Appellant’s primary argument is that there was insufficient evidence to support his conviction of First-Degree Robbery by Complicity. Appellant preserved the error with a timely motion for a directed verdict. The standard of review for a trial court’s denial of a motion for directed verdict is set forth in Commonwealth v. Benham, 816 S.W.2d 186 (Ky.1991). In that case we held:

On motion for directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth. If the evidence is sufficient to induce a reasonable juror to believe beyond a reasonable doubt that the defendant is guilty, a directed verdict should not be given. For the purpose of ruling on the motion, the trial court must assume that the evidence for the Commonwealth is true, but reserving to the jury questions as to the credibility and weight to be given to such testimony.
On appellate review, the test of a directed verdict is, if under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal.

Id. at 187 (internal citations omitted).

Appellant argues that there was insufficient evidence for the jury to conclude that he had the requisite prior knowledge and intent necessary to justify his conviction for robbery by complicity.

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Johnson v. Commonwealth
184 S.W.3d 544 (Kentucky Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
184 S.W.3d 544, 2005 Ky. LEXIS 383, 2005 WL 3500288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-commonwealth-ky-2005.