DWIGHT JOHNSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Myers v. State, 539 So. 2d 525 (Fla. 1st DCA 1989)
  …file a motion in accordance with this rule, (e.s.) The judgment and sentence becomes final when direct review proceedings are concluded and jurisdiction to entertain the motion for postconviction relief returns to the trial court. Johnson v. State, 508 So. 2d 779 (Fla. 1st DCA 1987). It is clear from the records before us that appellant’s motion was filed well within the two-year period after the judgment and sentence became final subsequent to the defendant’s direct appeal in Myers v. State, 499 So. 2d 895…
• Loylin King v. State, 525 So. 2d 924 (Fla. 3d DCA 1988)
  …evere emotional and psychological harm to the victims. Failure to appear for sentencing after adjudication is not a clear and convincing reason for departure from sentencing guidelines. Williams v. State, 500 So. 2d 501 (Fla.1986); Joknson v. State, 508 So. 2d 779 (Fla. 3d DCA 1987). Psychological trauma may, in certain circumstances, constitute a clear and convincing reason to support departure. State v. Rousseau, 509 So. 2d 281 (Fla.1987). While we are aware that the trial court did not have the benefit of…
• Thadius Harris v. State, 524 So. 2d 1104 (Fla. 3d DCA 1988)
  …ndant’s failure to show up in court, even as agreed in a plea bargain, does not constitute a clear and convincing reason for departure. Williams v. State, 500 So. 2d 501 (Fla.1986); King v. State, 525 So. 2d 924 (Fla. 3d DCA 1988); Johnson v. State, 508 So. 2d 779 (Fla. 3d DCA 1987). It obviously makes no difference that, in the cited cases, the defendant’s sentence was increased beyond the guidelines because he failed to appear whereas, in this case, his existing sentence was not reduced for the same reason.…

Authorities Cited

• Williams v. State, 500 So. 2d 501 (Fla. 1986)
• Johnson v. State, 501 So. 2d 158 (Fla. 3d DCA 1987)