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Johnson v. Johnson

United States Court of Appeals, Fifth Circuit
Oct 21, 1999
192 F.3d 509 (5th Cir. 1999)

Opinion

No. 98-40837. Summary Calendar.

October 21, 1999.

Donald Johnson, Beeville, TX, pro se.

Jennifer Michelle Owens (argued), Austin, TX, for Respondent-Appellee.

Appeal from the United States District Court For the Southern District of Texas.

Before HIGGINBOTHAM, DeMOSS, AND STEWART, Circuit Judges.


Donald Wayne Johnson appeals the dismissal of his 28 U.S.C. § 2254 petition. Johnson was convicted of capital murder under Texas Penal Code section 19.03(a)(2) for murder during the course of committing a robbery. He received a sentence of life imprisonment. As he did on direct appeal, Johnson argues in his habeas petition that there was insufficient evidence that he formed the intent to rob the victim before or during the murder.

Johnson was convicted of stabbing a 74-year-old schoolteacher. The state presented evidence that after the murder, Johnson obtained false identification and cashed the victim's paycheck, drove the victim's car, and was wearing the victim's watch at the time of arrest. Further, evidence suggested no motive other than robbery for the murder. There was no evidence that Johnson had a prior acquaintance with the victim. Johnson borrowed a weapon on the morning of the murder and theft. The murder scene indicated no signs of a fight between the victim and his killer.

Johnson's case is distinguishable from Cruz v. State, on which he relies. In that case, the defendant and victim roomed together, the defendant claimed that they had an altercation leading to the murder, and the state linked only the victim's watch to the defendant. The appellate court found insufficient evidence in light of other plausible explanations for motive and the small value of the stolen property. Cruz v. State, 629 S.W.2d 852, 858-60 (Tex.App. 1982). In Johnson's case, the evidence suggests no other motive for the murder, and the amount of stolen property was much more substantial.

This court finds that there was sufficient evidence to support Johnson's conviction for capital murder.

AFFIRMED.


Summaries of

Johnson v. Johnson

United States Court of Appeals, Fifth Circuit
Oct 21, 1999
192 F.3d 509 (5th Cir. 1999)
Case details for

Johnson v. Johnson

Case Details

Full title:DONALD WAYNE JOHNSON, PETITIONER-APPELLANT, v. GARY L. JOHNSON, DIRECTOR…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 21, 1999

Citations

192 F.3d 509 (5th Cir. 1999)

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