Johnson v. State

3 Citing cases

  1. Beasley v. State

    363 So. 3d 122 (Fla. Dist. Ct. App. 2023)   Cited 1 times

    Car theft cases, where other things located within the car are also taken, present difficult double jeopardy issues involving the potential for having multiple punishments given for the same offense. In Johnson v. State , 228 So. 3d 1164, 1168 (Fla. 1st DCA 2017), for instance, we reversed and vacated separate convictions for grand theft auto and theft of property within the vehicle where there wasn't "sufficient separation in time, place, and circumstance between the two alleged theft offenses to avoid a double jeopardy problem." Cf.Hayes v. State , 803 So. 2d 695, 704 (Fla. 2001) (advising courts "look to whether there was a separation of time, place, or circumstances between the [thefts]").

  2. Carr v. State

    270 So. 3d 508 (Fla. Dist. Ct. App. 2019)

    Moreover, the jury convicted Carr of organized fraud, not the lesser included offense of theft. Good faith can be a defense to theft, seeJohnson v. State , 228 So.3d 1164, 1167 (Fla. 1st DCA 2017), but the jury found Carr guilty of organized fraud, which means the jury necessarily found Carr engaged in a course of conduct with the "(a) intent to defraud, or (b) intent to obtain property by false or fraudulent pretenses." SeePizzo v. State , 945 So.2d 1203, 1207 (Fla. 2006) (enumerating elements necessary to prove violation of ยง 817.034(4)(a) ).

  3. Johnson v. State

    260 So. 3d 502 (Fla. Dist. Ct. App. 2018)   Cited 6 times
    Reversing defendant's prison sentence because trial court failed to develop nexus between nonstate prison sanction and resulting danger that defendant could present to public

    On direct appeal, we vacated Appellant's convictions for "grand theft auto and theft of property," affirmed the conviction on the bail bond offense, and ordered that Appellant be resentenced accordingly. Johnson v. State , 228 So.3d 1164, 1168 (Fla. 1st DCA 2017). On resentencing, Appellant scored a total of 4.6 points for the bail bond offense on his criminal punishment code scoresheet.