Johnson v. State

Because I find that the majority opinion reaches the correct result, that the judgment of the court of appeals, which reversed the trial court’s judgment, must be reversed, and that the trial court's judgment must be affirmed, I concur. However, I am compelled to dissent to the analysis that the majority opinion uses to affirm the trial court’s judgment.

The record reflects that Charles Johnson, henceforth appellant, was prosecuted on an indictment that alleged that he committed the offense of aggravated sexual assault, by using and exhibiting in the course of the same criminal episode a…