Johnson v. State, F-83-747
| Decision Date | 26 November 1985 |
| Docket Number | No. F-83-747,F-83-747 |
| Citation | 710 P.2d 119 |
| Parties | Pharon Allen JOHNSON, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The appellant, Pharon Allen Johnson, was convicted in the District Court of Oklahoma County, Case Nos. CRF-83-926 and CRF-83-929, of Rape in the First Degree After Former Conviction of a Felony, Oral Sodomy After Former Conviction of a Felony, and Robbery With a Dangerous Weapon After Former Conviction of a Felony, was sentenced to seventy years' imprisonment on each count, and he appeals.
The facts are that on November 8, 1982, the prosecutrix received a telephone call from the appellant in response to a newspaper ad in which she advertised some articles of furniture for sale. He made an appointment to be at her house at 1:00 p.m. and arrived on time. While there he examined a rug which he agreed to purchase, made a telephone call, and examined a table in the garage. When they came back into the house he grabbed her, put a knife to her throat, and demanded money to which she responded by taking him to the bedroom where she had about $150 in cash. After placing that in his pocket, and examining some jewelry, he ordered her to remove all of her clothing, which she did, forced her to commit oral sodomy, and raped her. He then tied her hands behind her back, lifted the bed, forcing her under it, and placed the bed on top of her. She positively identified him during the trial.
The State called other witnesses, four of whom identified the appellant as the perpetrator of similar offenses against them in that he responded to a newspaper ad for the sale of some item or items, made an appointment with each by telephone, arriving in the early afternoon, and then robbed each of them by threatening them with a knife or gun. One of these witnesses he also raped. Both the assignments of error alleged by the appellant result from the trial court's allowing these witnesses to testify.
For his first assignment of error the appellant alleges that the evidence of other crimes was improperly admitted because it did not fit the "common scheme or plan" exception to the rule stated in Atnip v. State, 564 P.2d 660 (Okl.Cr.1977) that when a defendant is put on trial for one offense, evidence of...
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