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Johnson v. State
Citations: 36 So. 3d 170; 2010 Fla. App. LEXIS 7611; 2010 WL 2178794Docket: No. 3D07-2219
Court: District Court of Appeal of Florida; June 2, 2010; Florida; State Appellate Court
Wesley Johnson's appeal from his conviction for second-degree murder is affirmed. The trial court did not err in denying a jury instruction on the "independent act" defense, as the evidence did not support its applicability. Johnson, initially charged with first-degree murder, was convicted of second-degree murder, robbery with a firearm, and armed trespass. Testimony from co-defendant Bjorn Blake revealed that Johnson and five accomplices armed with baseball bats and a machete invaded the victim's home to assault him and steal a gun. Johnson participated in the beating and was the last to leave after the victim was killed by co-defendant Willie Velez, who acted violently and out of control. Johnson's defense claimed he was either not present or that Velez’s actions constituted an unforeseen independent act. The trial court initially considered granting the independent act instruction but ultimately decided against it, concluding that there was no supporting evidence. The appellate court affirmed this ruling, noting that an independent act requires evidence showing the defendant did not intend the act, did not participate, and it was not a foreseeable consequence of the shared plan. Since Johnson was actively involved in the crime, the court deemed the death foreseeable. The instruction's refusal was justified as the provided instructions sufficiently addressed the law regarding second-degree murder. Other issues raised in the appeal were found to lack merit.