WILLIE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Willie Johnson was convicted of armed trespass, aggravated assault, and grand theft of a firearm following an incident where he pulled a gun from a car during a confrontation with his ex-girlfriend and her companion. The appellate court affirmed the convictions but reversed the sentencing on the ground that mandatory minimum firearm sentences do not apply to the crimes of armed trespass and grand theft.
The court affirmed the convictions, rejecting the voluntary intoxication instruction claim (because Johnson denied drinking at trial) and the double jeopardy claim. However, the court reversed the sentencing component, holding that mandatory minimum firearm sentences do not apply to armed trespass or grand theft under Florida Statutes section 775.087(2)(a) because these offenses are not specifically enumerated in the statute.
[1] A trial court does not err in refusing to instruct the jury on voluntary intoxication when the defendant denies having consumed alcohol.
[2] Convictions for armed trespass and grand theft of the same firearm do not violate double jeopardy.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under section 775.087(2)(a), Florida Statutes (1993), mandatory minimum sentencing does not apply to the offenses of grand theft or armed trespassing.”
Establishes the key statutory basis for reversing the sentencing component of the judgment.
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Join FLexlaw to unlock all legal intelligenceOn November 8, 1993, Johnson and Kathy Thomas were discussing reconciliation when Thomas's romantic interest, Jeffrey O'Connor, arrived. Thomas got in…
The full statement of facts, procedural history, and disposition for this case are member content.
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POLEN, Judge.
Willie Johnson appeals his convictions and sentences for armed trespass, aggravated assault, and grand theft of a firearm. We affirm his convictions, but reverse on a sentencing issue.
On November 8, 1993, Kathy Thomas and Willie Johnson were discussing the possibility of their reunification. Thomas and Johnson were involved in the past, but Johnson had been in jail on charges unrelated to this appeal just prior to the night in question. About 10:00 p.m. that same evening, Jeffrey O’Connor arrived in his car. According to the testimony, O’Connor and Thomas had been romantically involved while Johnson was in prison. Upon his arrival, Thomas got into O’Connor’s car and the two of them drove around the block.
Thomas and O’Connor returned and Johnson approached the car. Words were exchanged and Johnson reached inside the car and pulled out O’Connor’s gun. According to Thomas, Johnson ordered both of them out of the car. Thomas ran to a nearby house and O’Connor ran down the street. Thomas stated that Johnson was pointing the gun at O’Connor. The police arrived shortly thereafter and Johnson was arrested. He was tried and convicted of the above crimes, and this appeal ensued.
Johnson argues on appeal it was error to deny a requested instruction on voluntary intoxication. Yet at trial, he denied that he had been drinking. We find no error in the trial court’s refusal to give the requested instruction.
Neither are we persuaded that there was a double jeopardy violation occasioned by appellant’s convictions for both armed trespassing and grand theft of the same firearm. Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995), rev. granted, 675 So. 2d 120 (Fla.1996). We acknowledge conflict on this issue with Marrow v. State, 656 So. 2d 579 (Fla. 1st DCA), rev. denied, 664 So. 2d 249 (1995).
The only issue that requires reversal is the trial court’s decision to impose a three-year firearm mandatory minimum sentence for armed trespass and grand theft. Under section 775.087(2)(a), Florida Statutes (1993), mandatory minimum sentencing does not apply to the offenses of grand theft or armed trespassing. As these two offenses are not specifically enumerated under the statute, it was error for the judge to use them as a basis for a mandatory three-year sentence, a point conceded by the state. Accordingly, we affirm the convictions, but remand for resentencing to delete the three-year mandatory minimum sentences.
GLICKSTEIN and SHAHOOD, JJ., concur.
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Johnson v. State, 689 So. 2d 1065 (Fla. 1997)…WELLS, Judge. We have for review Johnson v. State, 677 So. 2d 71 (Fla. 4th DCA 1996), which is in direct conflict with Marrow v. State, 656 So. 2d 579 (Fla. 1st DCA), review denied, 664 So. 2d 249 (Fla.1995). These cases are in [*1066] conflict over the question of whether separate convictions and sentences for t…
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Potter v. State, 997 So. 2d 1215 (Fla. 1st DCA 2008)…ppellant was convicted of possession of a firearm by a delinquent and this offense is not specifically enumerated in the statute, it was error for the judge to use this conviction as a basis for a mandatory three-year sentence. See Johnson v. State, 677 So. 2d 71, 72 (Fla. 4th DCA 1996) (holding that armed trespass and grand theft were not specifically enumerated offenses and a three-year mandatory minimum sentence was inapplicable); Kennedy v. State, 564 So. 2d 1127, 1130 (Fla. 1st DCA 1990) (holding that c…
Authorities Cited
- Marrow v. State, 656 So. 2d 579 (Fla. 1st DCA 1995)
- Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995)