Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided January 28, 2009No. 1D06-5043PublishedCited by 2 opinions

1Opinion of the CourtPadovano, J.

We conclude that the evidence presented on two of the charges against the defendant was insufficient in that it consists entirely of hearsay. Accordingly, the case is remanded for a judgment of acquittal on those charges. The remaining conviction is supported by the testimony of a witness having first-hand knowledge of the event. That conviction is affirmed.

The defendant was charged with two crimes against his six-year-old son, M.J. (sexual battery on a child under twelve and lewd or lascivious molestation); one crime against his ten-year-old daughter, L.J. (lewd or lascivious molestation);…

2Cases cited5 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 2001
  2. State v. MooreSupreme Court of Florida · 1986
  3. State v. GreenSupreme Court of Florida · 1995
  4. Baugh v. StateSupreme Court of Florida · 2007
  5. Beber v. StateSupreme Court of Florida · 2004

3Cited by2 opinions

  1. DW v. StateDistrict Court of Appeal of Florida · 2010
  2. D.W. v. StateDistrict Court of Appeal of Florida · 2010

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