PERRY JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1978-07-11
No. 77-663
Before HAVERFIELD, C. J., PEARSON, J., and CRAWFORD, GRADY L. (Ret.), Associate Judge.
361 So. 2d 767 Florida District Court of Appeal, Third District (1978) Negative Treatment
Cited by 10 cases

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.

Synopsis

Perry Johnson was convicted of burglary, attempted grand larceny, battery, and assault. On appeal, he challenged the trial court's denial of his mistrial motion, arguing the prosecutor improperly disclosed the nature of a defense witness's prior conviction. The Florida appellate court affirmed, holding that a conviction for knowingly giving false information to law enforcement is a form of perjury whose nature may be disclosed to impeach credibility.


Holding

The trial court did not err. A conviction for knowingly giving false information to a law enforcement officer under Florida Statute § 837.05 is a form of perjury, and like all perjury convictions, its nature may be disclosed to the jury to impeach witness credibility. The prosecutor was not required to produce a record of the conviction because the witness admitted to it.


Headnotes

[1] A witness's credibility may be impeached by evidence of prior criminal convictions, and the nature of the conviction is generally not disclosed to the jury.

[2] A prior conviction for perjury is an exception to the rule prohibiting disclosure of the nature of the conviction to the jury, as such a conviction carries significant we…

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Key Quotes

“The credibility of a witness may be impeached by evidence of prior criminal convictions and ordinarily the nature of the conviction used to impeach is not permitted to be disclosed to the jury.”

Establishes the general rule prohibiting disclosure of the nature of prior convictions used for impeachment

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Facts & Procedural History

Perry Johnson was tried by jury and found guilty on four counts: burglary, attempted grand larceny, battery, and assault. During cross-examination of …

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Opinion of the Court
HAVERFIELD, Chief Judge.

HAVERFIELD, Chief Judge.

Defendant, Perry Johnson, was informed against for (1) burglary, (2) attempted grand larceny, (3) battery, and (4) assault, tried by jury and found guilty on all four counts.

For his first point on appeal, Johnson argues that the trial court erred in denying his motion for mistrial where the prosecutor sought to impeach the credibility of a key defense alibi witness with evidence of prior specific criminal convictions. The credibility of a witness may be impeached by evidence of prior criminal convictions and ordinarily the nature of the conviction used to impeach is not permitted to be disclosed to the jury. See Fulton v. State, 335 So. 2d 280 (Fla.1976). However, an exception to this rule is where the conviction is for perjury because such a conviction has greater weight against the credibility of a witness than any other crime. See Section 90.08, Florida Statutes (1975)1 and Ward v. State, 343 So. 2d 77 (Fla.2d DCA 1977). As the court in Ward, supra, at 78 pointed out:

“It is interesting to note that prior to amendment of Section 90.08 by the 1971 Legislature, any person who had been convicted of perjury was barred from testifying as a witness in any court proceeding. In light of this history and the unqualified language of the present version of Section 90.08, we believe the legislature intended to allow perjury to remain in a unique category. The legislature must have determined that a prior perjury conviction particularly affected the credibility of a witness and should be revealed to the jury.”

In the instant case the prosecutor on cross-examination eventually elicited testimony from the alibi witness to the effect that he had been previously convicted of knowingly giving false information to a law enforcement officer. Defendant Johnson contends that since the witness was not convicted for “perjury” in that the witness was not under oath at the time he gave the false information, the prosecutor violated the rule prohibiting disclosure of the nature of the conviction to the jury; therefore, the trial court should have granted his motion for mistrial. We cannot agree.

The crime of knowingly giving false information to any law enforcement officer, Section 837.05, Florida Statutes (1975), is found in the perjury chapter. See Chapter 837, Florida Statutes (1975). Although the false information is not rendered under oath, it still is a form of perjury. In addition, like all of other forms of perjury such a conviction has greater weight against the credibility of a witness than any other crime.

Johnson also argues that the prosecutor was required to produce the records of prior convictions if she desired to impeach the witness. An examination of the record demonstrates that the alibi witness eventually admitted to his prior conviction of giving false information to a police officer and, therefore, production of the record of his conviction was not necessary. Only when the witness denies the conviction must the prosecutor produce the record. See Section 90.08, Florida Statutes (1975) and Roberson v. State, 40 Fla. 509, 24 So. 474 (1898). Thus, this point lacks merit.

We also considered Johnson’s remaining points on appeal and conclude that reversible error has not been made to appear. Affirmed.

. “90.08 Witnesses; conviction of other crimes as disqualification. — No person shall be disqualified to testify as a witness in any court of this state by reason of conviction of any crime,.but his testimony shall be received in evidence under the rules, as any other testimony. Evidence of such conviction, including the fact that the prior conviction was for the crime of perjury, may be given to affect the credibility of the said witness, and such conviction may be proved by questioning the proposed witness or, if he deny it, by producing a record of his conviction. Testimony of the general reputation of said witness may likewise be given in evidence to affect his credibility.”


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gore v. State, 573 So. 2d 87 (Fla. 3d DCA 1991)
    …es, including crimes involving dishonesty or false statement, the state could go no further. See Jackson v. State, 498 So. 2d 906 (Fla.1986); Williams v. State, 511 So. 2d 1017 (Fla. 2d DCA), rev. denied, 519 So. 2d 988 (Fla.1987); Johnson v. State, 361 So. 2d 767 (Fla. 3d DCA 1978), cert. denied, 382 So. 2d 693 (Fla.1980). However, such error is subject to a harmless error analysis. Blasco v. State, 419 So. 2d 807 (Fla. 3d DCA 1982). In light of the overwhelming evidence against Gore, we hold that the errone…
  • Rolle v. State, 386 So. 2d 3 (Fla. 3d DCA 1980)
    …etely unrelated case. While we acknowledge that this court has agreed that a conviction of perjury has greater weight against the credibility of a witness than any other crime, and that such a conviction may be disclosed to a jury, Johnson v. State, 361 So. 2d 767 (Fla. 3d DCA 1978), we do not wish to enlarge this exception to permit disclosure of the specific offense of perjury prior to a conviction. To do so would invite speculation by a jury as to the results of the investigation of the witness without ben…
  • Johnson v. State, 382 So. 2d 693 (Fla. 1980)
    …hough the false information is not rendered under oath, it still is a form of perjury. In addition, like all of other forms of perjury such a conviction has greater weight against the credibility of a witness than any other crime. Johnson v. State, 361 So. 2d 767, 768 (Fla. 3d DCA 1978). I cannot accept this reasoning. The placement of the crime described in section 837.05 in the chapter of the Florida Statutes dealing with perjury does not make that offense perjury. Painting the word “Bull” on the side of…

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