Johnston v. State

497 So.2d 863 (1986)

David Eugene JOHNSTON, Appellant,

v.

STATE of Florida, Appellee.

No. 65525.

Supreme Court of Florida.

November 13, 1986.

Ronald R. Findell, Orlando, for appellant.

Jim Smith, Atty. Gen. and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.

ADKINS, Justice.

David Eugene Johnston appeals his conviction for first-degree murder and sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the conviction and death sentence.

At approximately 3:30 a.m. on November 5, 1983, David Eugene Johnston called the Orlando Police Department, identified…