JAMES L. JOHNSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Capers v. State, 433 So. 2d 1323 (Fla. 3d DCA 1983)
  …y him in the jury room where selection was taking place, reversible error was committed and defendant was entitled to a new trial). Appellant may challenge the voluntariness of the waiver by a motion for post-conviction relief. See Johnson v. State, 267 So. 2d 114 (Fla. 2d DCA 1972) (where defendant raised for the first time on appeal questions which Florida Rule of Criminal Procedure 3.850 required to be first submitted to trial court, judgment of conviction would be affirmed without prejudice to defendant’s…
• Jones v. State, 959 So. 2d 408 (Fla. 3d DCA 2007)
  …PER CURIAM. Affirmed. Johnson v. State, 267 So. 2d 114, 114 (Fla. 2d DCA 1972)(“Appellant raises for the first time on appeal questions which must first be submitted to the trial court pursuant to [Fla. R.Crim. P.] 3.850.... There is no reversible error shown.”).…
• Mann v. Dugger, 817 F.2d 1471 (11th Cir. 1987)
  …3.850 motion. Both Capers and Cole are premised on the fact that, because a defendant must object to the trial court about his absence from the jury’s presence, such claims cannot be raised for the first time on direct appeal. See Johnson v. State, 267 So. 2d 114, 114 (Fla.Dist.Ct.App.1972) (claim raised for first time on direct appeal dismissed without prejudice to defendant’s right to obtain relief through Rule 3.850 motion). However, defense counsel here did object at trial to the taking of testimony in M…

Authorities Cited

• Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)