Johnson v. State

COBB, Judge.

The appellant, Carliss Johnson, was convicted of three counts of sexual activity with a minor by a person in familial or custodial authority and one count of a lewd and lascivious act upon a minor. On appeal, Johnson raises three issues: (1) Was there sufficient evidence at trial that he stood in a position of familial or custodial authority in relation to the victim? (2) Was he entitled at trial to a jury instruction on sexual battery as a lesser included offense? (3) Was he entitled to a mistrial because the state was allowed to elicit testimony from a witness “vouching” for the…