GEOVANI JOHNSON
v.
STATE OF FLORIDA

Fla. 4th DCA | 2020-07-15
No. 15-4539
45 Fla. L. Weekly S161 Florida District Court of Appeal, Fourth District (2020) Positive Treatment
Cited by 2 cases

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Synopsis

On remand from the Florida Supreme Court, the Fourth District Court of Appeal affirmed Geovani Johnson's convictions and sentences. The Florida Supreme Court had quashed the appellate court's prior reversal, holding that a party opposing a peremptory strike must make a specific objection to the proponent's race-neutral reason to preserve the claim of error. Johnson failed to make such a specific objection, thus his convictions were affirmed.


Holding

A party must make a specific objection to the proponent's proffered race-neutral reason for a peremptory strike, if contested, to preserve a claim that the trial court erred in concluding the reason was genuine. Johnson's failure to make such a specific objection resulted in affirmance of his convictions and sentences.


Headnotes

[1] To preserve a claim that a trial court erred in concluding a peremptory strike was supported by a genuine race-neutral reason, the party opposing the strike must make a s…

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Key Quotes

“that the party opposing a peremptory strike must make a specific objection to the proponent's proffered race-neutral reason for the strike, if contested, to preserve the claim that the trial court erred in concluding that the proffered reason was genuine”

Florida Supreme Court's holding in State v. Johnson (Johnson II)

Facts & Procedural History

Geovani Johnson was convicted in three separate cases in Broward County Circuit Court. During jury selection, the State exercised a peremptory strike …

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Opinion of the Court

In Johnson v. State (Johnson I), 268 So. 3d 729, 731 (Fla. 4th DCA 2018), a divided panel of this Court reversed Geovani Johnson’s convictions and sentences. The panel majority stated that “[t]he ultimate question we answer in this case is whether the Melbourne [v. State, 679 So. 2d 759 (Fla. 1996)] procedure is always a three-step process, or a three-step process if requested.” Johnson I, 268 So. 3d at 731. “We determine[d] that the Melbourne procedure is indeed always a three-step process,” id., and concluded “the trial court failed to comply with the duty imposed by Step 3 of the Melbourne procedure,” id. at 743.

The Florida Supreme Court quashed our decision, holding “that the party opposing a peremptory strike must make a specific objection to the proponent’s proffered race-neutral reason for the strike, if contested, to preserve the claim that the trial court erred in concluding that the proffered reason was genuine.” State v. Johnson (Johnson II), 45 Fla. L. Weekly S161, No. SC19-96, 2020 WL 2563481, at *1 (Fla. May 21, 2020).

Johnson failed to make a specific objection to the State’s proffered race-neutral reason for the strike. So, consistent with the supreme court’s opinion, we affirm Johnson’s convictions and sentences.1 See id. at *4.

Affirmed. WARNER, CONNER and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.

Footnotes
1 We previously affirmed Johnson’s judgment and sentence for the violation of probation proceedings. Johnson I, 268 So. 3d at 731.

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Citator

Cited By

  • Geovani Johnson v. State, 45 Fla. L. Weekly S161 (Fla. 4th DCA 2020)
    …PER CURIAM. In Johnson v. State (Johnson I), 268 So. 3d 729, 731 (Fla. 4th DCA 2018), a divided panel of this Court reversed Geovani Johnson’s convictions and sentences. The panel majority stated that “[t]he ultimate question we answer in this case is whether the Melbourne [v. State, 679 So. 2d 759 (Fla. 19…
  • Geovani Johnson v. State, 45 Fla. L. Weekly S161 (Fla. 4th DCA 2020)
    …PER CURIAM. In Johnson v. State (Johnson I), 268 So. 3d 729, 731 (Fla. 4th DCA 2018), a divided panel of this Court reversed Geovani Johnson’s convictions and sentences. The panel majority stated that “[t]he ultimate question we answer in this case is whether the Melbourne [v. State, 679 So. 2d 759 (Fla. 19…

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