JOHNNY JAMES TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appellant's motion for postconviction relief based on a new jury instruction was untimely because it was filed after the retroactivity deadline.
[1] A claim of fundamental error based on a jury instruction not requiring knowledge of the substance's identity is not retroactively applied on collateral review to convicti…
[2] A motion for postconviction relief asserting a claim based on a new jury instruction requirement must be filed within the time limits established for retroactive applicat…
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 intelligenceJohnny Turner was convicted of cocaine offenses, and his convictions became final in 1992. He filed a motion for postconviction relief in 2003, arguin…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Retroactivity Of Judicial Decisions cases and more on FLexlaw
PER CURIAM.
This case is before the court on remand from the Supreme Court of Florida, which vacated this court’s opinion and remanded for reconsideration. See Turner v. State, 940 So. 2d 1110 (Fla.2006).
Johnny Turner appeals the summary denial of his motion for postconviction relief filed in 2003 pursuant to Florida Rule of Criminal Procedure 8.850. For the reasons expressed below, we affirm.
Turner was convicted after a jury trial of both sale of cocaine and possession of cocaine with the intent to sell or deliver. These convictions were affirmed on direct appeal and became final upon the issuance of this court’s mandate on November 4, 1992. See Turner v. State, 606 So. 2d 1178 (Fla. 2d DCA 1992) (table decision).
Turner asserts that, pursuant to case law decided after his convictions became final, he is entitled to claim that fundamental error occurred when the jury was not given an instruction requiring Turner to have had knowledge that the substance sold or possessed was cocaine. The Florida Supreme Court in Chicone v. State, 684 So. 2d 736 (Fla.1996), mandated for the first time that such an instruction be given for sale or possession cases in addition to the standard jury instructions for such offenses.
This court can find no opinion of the Florida Supreme Court applying Chicone retroactively on collateral review to convictions which became final before the issuance of the mandate for the Chicone opinion on December 10, 1996. In Reed v. State, 837 So. 2d 366, 370 (Fla.2002), the supreme court held that the Reed opinion, which identified as fundamental error an erroneous standard jury instruction for aggravated child abuse, was not to be applied retroactively to convictions which had already become final.
Assuming that Chicone could be retroactively applied, Turner had to file a Chicone claim by December 10, 1998. See Bolender v. State, 658 So. 2d 82, 85 (Fla.1995). Therefore, his motion filed January 23, 2003, was untimely.
Affirmed.
STRINGER,1 DAVIS, and VILLANTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Reed v. State, 837 So. 2d 366 (Fla. 2002)
- Chicone v. State, 684 So. 2d 736 (Fla. 1996)
- Bolender v. State, 658 So. 2d 82 (Fla. 1995)
- Turner v. State, 940 So. 2d 1110 (Fla. 2006)