WILLIE JOHNSON, A/K/A BARNEY GIBBS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-01-16
No. 67-271
Before CHARLES CARROLL, C. J., and BARKDULL and HENDRY, JJ.
205 So. 2d 711 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 3 cases

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Synopsis

This case reviews the denial of a petition for post-conviction relief. The appellate court affirmed the lower court's decision, finding no error in the denial of the petition.


Holding

No, the trial court did not err in summarily denying the petition for post-conviction relief.


Key Quotes

“That the Movant was represented by Counsel of his own choosing in this cause.”

This quote establishes a key fact considered by the lower court in denying the petition.

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Facts & Procedural History

The appellant, Willie Johnson, was charged with armed robbery, represented by counsel, and found guilty by a jury. He subsequently filed a petition fo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

An information was filed against the appellant, charging him with armed robbery. The appellant was represented by counsel of his own choosing, pleaded not guilty and demanded a jury trial. Following trial and a verdict of guilty, he was duly adjudged guilty and sentenced. He filed a Criminal Procedure Rule No. 1, F. S.A. ch. 924 Appendix petition, which was summarily denied and which order is now under review. In part, said order reads as follows:

“That the Movant was represented by Counsel of his own choosing in this cause.
“That the remaining allegations contained in the motion do not constitute legal grounds for granting a New Trial or release of the prisoner.”

Following an examination of the record on appeal and the briefs, we find no error in the order here under review and same is hereby affirmed. See: State v. Weeks, Fla.1964, 166 So.2d 892; Coyner v. State, Fla.App.1965, 177 So.2d 715; Ziegler v. State, Fla.App.1965, 180 So.2d 477; Hall v. State, Fla.App.1966, 183 So.2d 277.

Affirmed.


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Citator

Cited By

  • Salazar v. Santos (Harry) & Co., Inc., 537 So. 2d 1048 (Fla. 3d DCA 1989)
    …ad Kessler been following at a safe distance the second accident would not have occurred. This evidence was sufficient to present a jury question on the issue of negligence. See Lee v. Dunnigan, 384 So. 2d 165 (Fla. 2d DCA 1980); Rivenbark v. Johns, 205 So. 2d 711 (Fla. 1st DCA 1968); § 316.0895 Fla.Stat. (1987). As to the issue of legal causation, the jury had before it evidence that either impact could have caused death and that the death was in fact caused by both impacts. In a case such as this where the…
  • Rivenbark v. Johns, 211 So. 2d 233 (Fla. 1st DCA 1968)

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