Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided December 21, 1982No. AL-75PublishedCited by 6 opinions

1Opinion of the Court

423 So.2d 614 (1982)

Harrison W. JOHNSON, Appellant,

v.

STATE of Florida, Appellee.

No. AL-75.

District Court of Appeal of Florida, First District.

December 21, 1982.

Michael Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.

2Per curiam

We reverse appellant's conviction of second degree murder, based upon the trial court's failure to instruct the jury that the appellant could be convicted of third degree murder.

Murder is an offense divided into degrees. Rule 3.490, Florida Rules of…

3Cases cited4 opinions

  1. Wright v. StateDistrict Court of Appeal of Florida · 1977
  2. Hunter v. StateDistrict Court of Appeal of Florida · 1980
  3. Webb v. StateDistrict Court of Appeal of Florida · 1982
  4. Harper v. StateDistrict Court of Appeal of Florida · 1980

4Cited by6 opinions

  1. Green v. StateSupreme Court of Florida · 1985
  2. Wiley v. StateDistrict Court of Appeal of Florida · 2011
  3. Sheridan v. StateDistrict Court of Appeal of Florida · 2001
  4. Tallahassee Memorial Regional Medical Center, Inc. v. Meeks ex rel. AdamsDistrict Court of Appeal of Florida · 1989
  5. Garcia v. StateDistrict Court of Appeal of Florida · 1991

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