Johnson v. State

STEVENSON, Judge.

Appellant, Anthony Johnson, was serving the probation portion of his sentence for a second degree murder when the lower court revoked his probation, and sentenced him to 25 years incarceration, based on his possession of a 9mm handgun. Appellant challenges the trial court’s denial of his motion to exclude the handgun from evidence based on an alleged Fourth Amendment violation. We find that the firearm was properly admitted into evidence and affirm.

Appellant argues, and the State conceded at oral argument, that the initial stop was improper and without probable cause or a…