Johnson v. State

The Defendant appeals an order summarily denying his rule 8.850 motion for postconviction relief and the order denying his motion for rehearing. We affirm in part and reverse in part.

The Defendant and his co-defendant were tried together before separate juries. Both were found guilty of three counts of first-degree murder with a firearm and one count of robbery with a firearm. Neither jury was able to conclude that the defendant actually possessed a firearm or discharged it. Defendant’s jury recommended death and the co-defendant’s jury recommended life. The trial court determined the death…