GARY JOHNSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sanders v. State, 946 So. 2d 953 (Fla. 2006)
  …n the choice, the jury would now acquit the defendant of the same crime of which it convicted him, and instead convict of a lesser offense, is to assume that the jury would disregard its oath and the trial court’s instructions. See Vickery v. State, 869 So. 2d 623, 629 (Fla. 5th DCA 2004) (Sawaya, C.J., concurring specially) (“It is clear to me that when a jury grants a pardon to a defendant by finding him or her guilty of a lesser included offense when the state has proven guilt beyond a reasonable doubt reg…
• Sanders v. State, 912 So. 2d 1286 (Fla. 2d DCA 2005)
  …est is met because his lawyer did not request this charge and barely mentioned it during his closing argument. Id. The law concerning lesser-included offenses often discusses the importance of the jury’s inherent pardon power. See Vickery v. State, 869 So. 2d 623 (Fla. 5th DCA 2004); Sanders v. State, 847 So. 2d 504 (Fla. 1st DCA 2003) (Ervin, J., concurring and dissenting). However, except in cases involving the death penalty, juries are never instructed on the penalties that the trial court might impose ba…
• James v. State, 881 So. 2d 85 (Fla. 5th DCA 2004)
  …2d 504 (Fla. 1st DCA 2003), which held that a claim that counsel was ineffective for not requesting a jury instruction for a one-step-removed lesser included offense could not satisfy the requirement to show prejudice. However, in Vickery v. State, 869 So. 2d 623 (Fla. 5th DCA 2004), this Court held that Sanders conflicts with this Court’s decisions holding that the failure of counsel to request a lesser included jury instruction states a colorable claim of ineffective assistance. Although the State argues…