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Johnson v. State,
No. F-2004-691 (Okl.Cr., February 2, 2006) (unpublished): Cleon Christopher Johnson was convicted of Third Degree Arson, Robbery with a Firearm, Accessory after the Fact to Shooting with Intent to Kill, and Possession of a Stolen Vehicle, all after more than two priors and was sentenced to many years to be served consecutively by Judge Gillert in Tulsa. I have included this opinion for two reasons. First, the Court reversed the Arson charge (burning a car) because the State failed to produce any evidence about the value of the property burned. The statute requires the value of the property be not less than $50, and one witness testified that she purchased the property but she never gave the amount she paid or estimated the value of the car. This is a terrific case for these fact patterns because it seems to set the bar pretty high for the State, i.e., requires the State to actually provide evidence or testimony of a dollar amount. Second, Judge Lumpkin, as he is wont to do, provides some factual detail in his dissent to the effect that the State presented evidence that the property was a 1997 Cadillac in working condition, had custom rims, and also a stereo "worthy of being stripped (by Appellant) from the car." His point was that it is "common sense" that such property is worth more than $50 and, frankly, I am inclined to agree with him here. I suppose a reversal of the Count goes to make a point, but I think Judge Lumpkin, usually the lone voice in the wilderness, probably got this one right. Scary.
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