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Johnson v. State

Citations: 717 So. 2d 628; 1998 Fla. App. LEXIS 12277; 1998 WL 653602Docket: No. 97-1592

Court: District Court of Appeal of Florida; September 25, 1998; Florida; State Appellate Court

Narrative Opinion Summary

Carlrevius Johnson appeals his convictions for first-degree premeditated murder, robbery with a firearm, and attempted first-degree premeditated murder. He raises five issues on appeal, all of which the court finds do not warrant reversal. The court affirms his convictions and sentences. One point of contention is the state's elicitation of testimony from witness Vaughn, who stated he had only been convicted of driving with a suspended license, which was deemed improper as it was used to bolster Vaughn’s credibility. However, the lower court provided a curative instruction, and the court found no abuse of discretion in denying Johnson's motion for mistrial. The decision is affirmed with concurrence from Judges Dauksh and Antoon.

Legal Issues Addressed

Affirmation of Convictions and Sentences

Application: The appellate court affirmed the convictions and sentences, indicating agreement with the trial court's handling of the case despite the issues raised by the appellant.

Reasoning: The court affirms his convictions and sentences.

Curative Instructions and Motions for Mistrial

Application: The court found no abuse of discretion in the lower court's decision to deny the motion for mistrial after providing a curative instruction regarding the improper testimony.

Reasoning: However, the lower court provided a curative instruction, and the court found no abuse of discretion in denying Johnson's motion for mistrial.

Improper Bolstering of Witness Credibility

Application: The appellate court addressed the inappropriate elicitation of testimony intended to bolster a witness's credibility but concluded that the trial court's remedy of providing a curative instruction was adequate.

Reasoning: One point of contention is the state's elicitation of testimony from witness Vaughn, who stated he had only been convicted of driving with a suspended license, which was deemed improper as it was used to bolster Vaughn’s credibility.

Standards for Appellate Review in Criminal Convictions

Application: The court reviewed the appellant's convictions for first-degree premeditated murder, robbery with a firearm, and attempted first-degree premeditated murder and found that none of the issues raised warranted a reversal.

Reasoning: Carlrevius Johnson appeals his convictions for first-degree premeditated murder, robbery with a firearm, and attempted first-degree premeditated murder. He raises five issues on appeal, all of which the court finds do not warrant reversal.