WINSTON L. JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant is not entitled to a hearing on his postconviction motion based on the victim's recantation.
Defendant was convicted of attempted second-degree murder and identified by the victim and three witnesses. The victim later filed an affidavit recant…
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On Rehearing Denied
PER CURIAM.
We conclude that Winston Johnson is not entitled to a hearing on his postconviction motion under McLin v. State, 827 So. 2d 948 (Fla.2002).
Defendant-appellant Johnson was convicted of attempted second degree murder. He was charged with shooting a grocery store employee, Artis Walker (also known as Artis Harris). The evidence showed that prior to trial, the defendant attempted to get the victim to change his testimony. The defendant was convicted at a trial in which he was identified as the shooter by the victim as well as three witnesses: Nathaniel Blash (who was the intended victim), Benjamin McKinney, and Rabeeh Aviad.
The victim subsequently filed an affidavit which states in its entirety, “I Artis K. Harris have made a mistake also chose the wrong person who is Winston L. Johnson who is now in prison for a crime he did not commit. I was not pressured by anyone to change my plead.”
The defendant is not entitled to a hearing. All of the trial witnesses were individuals who knew the defendant and could readily identify him. The victim’s recantation affidavit in no way undercuts the testimony of the other witnesses who identified the defendant as the shooter. Rehearing denied.
Cases With Similar Vibessemantic neighbors from the corpus
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Andrews v. State, 919 So. 2d 552 (Fla. 4th DCA 2005)…nherently incredible. We conclude that the trial court was correct in determining that Jackson’s affidavit was inherently incredible and that no evidentiary hearing was necessary. Taylor v. State, 877 So. 2d 842 (Fla. 3d DCA 2004); Johnson v. State, 844 So. 2d 775 (Fla. 3d DCA 2003). Affirmed. SHAHOOD and TAYLOR, JJ., concur.…
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Kendrick v. State, 990 So. 2d 1179 (Fla. 3d DCA 2008)…PER CURIAM. Affirmed. See Johnson v. State, 844 So. 2d 775 (Fla. 3d DCA 2003).…
Authorities Cited
- McLIN v. State, 827 So. 2d 948 (Fla. 2002)