STATE OF FLORIDA, PETITIONER,
v.
ERIC ROY JOHNSON, RESPONDENT
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The Florida Supreme Court resolved a conflict between district courts on when a defendant is "convicted" for purposes of charging possession of a firearm by a convicted felon. The court held that conviction occurs upon adjudication of guilt, but a defendant is entitled to post-conviction relief if the predicate felony conviction is subsequently reversed on appeal.
An individual is "convicted" for purposes of the firearm statute from the point of being adjudicated guilty, not from when the conviction becomes final on appeal. However, such an individual is entitled to relief through a Florida Rule of Criminal Procedure 3.850 motion to vacate the judgment when the predicate felony conviction is subsequently reversed on appeal.
[1] A defendant is considered "convicted" for purposes of being charged with possession of a firearm by a convicted felon from the point of being adjudicated guilty.
[2] A defendant is entitled to relief through a motion to vacate judgment when the predicate felony conviction, upon which a charge of possession of a firearm by a convicted…
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Join FLexlaw to unlock all legal intelligence“an individual is "convicted" for purposes of being charged with possession of a firearm by a convicted felon from the point of being adjudicated guilty”
Establishes the court's holding on when conviction occurs under the firearm statute
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Join FLexlaw to unlock all legal intelligenceJohnson was arrested for possession of a firearm by a convicted felon while his predicate battery conviction was pending on appeal. Johnson pled nolo …
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HARDING, Justice.
We have for review the decision in Johnson v. State, 664 So. 2d 986 (Fla. 4th DCA 1995), which certified conflict with the opinion in Burkett v. State, 518 So. 2d 1363 (Fla. 1st DCA 1988), on the issue of when a defendant is convicted for purposes of being charged with possession of a firearm by a convicted felon. Johnson, 664 So. 2d at 988. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
We addressed the issues presented here in our recent decision in State v. Snyder, No. 85,202, — So. 2d — [1996 WL 63081] (Fla. Feb. 15, 1996). In Snyder, this Court held that an individual is “convicted” for purposes of being charged with possession of a firearm by a convicted felon from the point of being adjudicated guilty. Snyder, slip op. at 5, — So. 2d at —. However, we also held that such an individual is entitled to relief through a Florida Ride of Criminal Procedure 3.850 motion to vacate judgment when the predicate felony conviction is subsequently reversed on appeal. Id.
In the instant case, Johnson was arrested for possession of a firearm by a convicted felon while his predicate battery conviction was pending on appeal. After Johnson pled nolo contendere to the firearm charge, the trial court withheld adjudication and placed Johnson on probation for three years with a special condition of probation of eight months in jail to run concurrently with the battery conviction. The battery conviction was subsequently reversed by the district court and remanded for a new trial. Johnson then moved to set aside the firearm conviction, but the trial court denied the motion. Johnson, 664 So. 2d at 987.
On appeal, the district court adopted the same interpretation of the term “convicted” that we disapproved in Snyder. Johnson, 660 So. 2d at 789. However, the court also explained that Johnson was entitled to post-conviction relief because the predicate conviction, upon which the charge of possession of a firearm by a convicted felon was based, had been reversed on appeal. Id. This conclusion is consistent with our holding in Snyder. See Snyder, slip op. at 5, — So. 2d at —.
For the reasons discussed above, we disapprove in part and approve in part the district court’s opinion in this case, but approve its decision that Johnson’s conviction of possession of a firearm by a convicted felon must be vacated.
It is so ordered.
GRIMES, C.J. and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur. . In both the instant case and Snyder v. State, 650 So. 2d 1024 (Fla. 2d DCA 1995), the district court relied upon Wheeler v. State, 465 So. 2d 639 (Fla. 2d DCA 1985), which held that a conviction is not final and cannot be relied upon to convict the defendant of a subsequent firearm offense until the appellate court affirms the conviction. In State v. Snyder, No. 85, 202, — So. 2d — (Fla. Feb. 15, 1996) slip op. at 5, we specifically disapproved the Wheeler interpretation of "convicted.”
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State v. Degrossi, 680 So. 2d 1093 (Fla. 3d DCA 1996)…logue as to the meaning of the word “conviction,” suffice it to say that the term is susceptible of different interpretations depending upon the context in which it is used. See Johnson v. State, 664 So. 2d 986 (Fla. 4th DCA 1995), approved in part, 668 So. 2d 194 (Fla.1996); Burkett v. State, 518 So. 2d 1363 (Fla. 1st DCA 1988); Wheeler v. State, 465 So. 2d 639 (Fla. 2d DCA 1985). Here, given the procedural framework established by the legislature requiring the Department to compel surrender of a license to…
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Shalonda Washington v. Hon. Warren Burk, 704 So. 2d 540 (Fla. 5th DCA 1997)…proof. In the instant case the charges against Shalonda Washington, whether pursued as a statutory misdemeanor in county court or as indirect contempt in circuit court, would require identical elements of proof for conviction. Cf. State v. Johnson, 668 So. 2d 194 (Fla.1996). It necessarily follows that the initial arrest of Shalon-da Washington incepted the running of the speedy trial time in the instant case irrespective of the prosecutorial device utilized by the state. Accordingly, we grant the instant p…
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Sadler v. State, 141 So. 3d 1266 (Fla. 1st DCA 2014)…imilar to cases where a defendant is convicted of the possession of a firearm by a convicted felon and the predicate felony is subsequently found to be invalid. For instance, in Johnson v. State, 664 So. 2d 986 (Fla. 4th DCA 1995), approved in part, 668 So. 2d 194 (Fla.1996), the defendant argued that his conviction for the possession of a firearm by a convicted felon should be vacated as the predicate felony had been reversed on appeal. In reviewing the trial court’s order denying the motion, the Fourth Dist…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burkett v. State, 518 So. 2d 1363 (Fla. 1st DCA 1988)
- Wheeler v. State, 465 So. 2d 639 (Fla. 2d DCA 1985)
- State Farm Mut. Auto. Ins. Co. v. Laforet, 664 So. 2d 986 (Fla. 4th DCA 1995)
- Snyder v. State, 650 So. 2d 1024 (Fla. 2d DCA 1995)