Johnson v. State
District Court of Appeal of Florida
1Opinion of the CourtOrfinger, J.
Montrell L. Johnson appeals the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850, alleging ineffective assistance of counsel. We affirm, but write to address Johnson’s claim that his trial counsel was ineffective for failing to object to the improper- reclassification of his charged crime.1 While we agree that Johnson’s conviction for aggravated battery should not have been reclassified to a first-degree felony, we conclude that his twenty-year sentence is otherwise legal.
At trial, the State presented eyewitness testimony that Johnson shot…
2Cases cited11 opinions
- Lareau v. StateSupreme Court of Florida · 1991
- Dozier v. StateDistrict Court of Appeal of Florida · 1996
- State v. SmithDistrict Court of Appeal of Florida · 1985
- Cooper v. StateDistrict Court of Appeal of Florida · 1984
- Johnson v. StateDistrict Court of Appeal of Florida · 2011
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3Cited by5 opinions
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- Smith v. StateDistrict Court of Appeal of Florida · 2018
- Smith v. StateDistrict Court of Appeal of Florida · 2018
- WILLIS J. FOSTER v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018