Johnson v. State, No. 72-89

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore BARKDULL; PER CURIAM
Citation268 So.2d 544
PartiesPrince Albert JOHNSON, Appellant, v. The STATE of Florida, Appellee.
Docket NumberNo. 72-89
Decision Date07 November 1972

Page 544

268 So.2d 544
Prince Albert JOHNSON, Appellant,
v.
The STATE of Florida, Appellee.
No. 72-89.
District Court of Appeal of Florida, Third District.
Nov. 7, 1972.
Rehearing Denied Dec. 5, 1972.

Page 545

Gross & Krause, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.

Before BARKDULL, C. J., and CHARLES CARROLL and HAVERFIELD, JJ.

PER CURIAM.

The appellant was a juvenile at the time he was indicted for murder in the first degree on November 2, 1971. 1 He was tried before a jury in the circuit court of Dade County. A verdict of guilty was rendered, with recommendation of mercy. Following adjudication of guilt of the crime and imposition of a life sentence, the defendant filed this appeal.

The facts relating to the homicide, in short summary, were as follows: The victim's husband Emondo Roman was an ice cream vendor, doing business on the streets from a motor truck. His wife accompanied and assisted him. On July 25, 1971, while so engaged, Roman stopped his vehicle on a certain street in Miami, in front of an apartment house, into which he entered and stayed for a few minutes. His wife remained seated in the parked truck. Located behind a refrigerator within the truck there was a small lock-box containing $28 and some personal papers belonging to Roman. In order for a person to get to the box it was necessary to enter through a front door of the truck and proceed to the rear between the passenger seats. During the short period that Roman was absent, someone entered the truck, shot and killed Mrs. Roman, and removed the money box.

At the trial, each of two six year old girls testified she heard a gunshot and shortly thereafter saw two boys running away from the truck, and that one of them was carrying such a box. The box was

Page 546

found by the police, behind a church about a block away. The box and papers were identified by Roman as his. Fingerprints on the box matched those of the defendant. The arrest of the defendant was made a day after that upon which the homicide occurred.

The defendant was taken to the juvenile and domestic relations court of Dade County, where a pre-detention hearing was held, at which his mother and officers Griffin and Anderson were present. An assistant public defender who had been assigned to that court was 'called in' for the hearing, and appointed by the court to represent the defendant. The court ordered that the defendant be held in the county jail. After that hearing the assistant public defender did not talk with the defendant or see him again until the occasion of another hearing in the juvenile court in September. The nature of that later hearing is not shown. Sometime after the first hearing in the juvenile court and prior to the September hearing, private counsel was employed for the defendant.

Upon conclusion of the July 26 pre-detention hearing in the juvenile court, the defendant was incarcerated in the Dade County jail. The next day he was interrogated by officers Griffin and Anderson at approximately 10:00 A.M. and again in the afternoon when a statement given by the defendant was put into writing, and was signed by him. On both occasions the defendant was advised of his Miranda rights, and, according to the testimony of the officers at the subsequent...

To continue reading

Request your trial
6 practice notes
  • Arnold v. Wainwright, No. 74-2724
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 4, 1975
    ...State v. Silva, Fla.1972, 259 So.2d 153; Jones v. Florida, Fla.Dist.Ct.App.1973, 276 So.2d 83; Johnson v. State, Fla.Dist.Ct.App.1972, 268 So.2d 544, aff'd Fla.1974, 294 So.2d 69; State v. Bethel, Fla.Dist.Ct.App.1972, 268 So.2d 8 The appellants contended at the hearing on remand that a sho......
  • Huffman v. Wainwright, No. 80-5237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1981
    ...he waived the defect of the improper jury venire by proceeding to trial. State v. Silva, 259 So.2d 153 (Fla. 1972); Johnson v. State, 268 So.2d 544 (Fla.Dist.Ct.App.1972). The only way for Huffman to obtain relief from his waiver would then be to show cause for the waiver and prejudice affe......
  • Bergelson v. State, Nos. 88-1829
    • United States
    • Court of Appeal of Florida (US)
    • June 5, 1991
    ...raise the question here for the first time. See Fla.R.Crim.P. 3.290; State v. Silva, 259 So.2d 153 (Fla.1972). Accord Johnson v. State, 268 So.2d 544 (Fla. 3d DCA 1972); State v. Bethel, 268 So.2d 557 (Fla. 3d DCA 1972). See also United States v. Dansker, 537 F.2d 40, 63-64 (3d Cir.1976), c......
  • Johnson v. State, No. 43228
    • United States
    • United States State Supreme Court of Florida
    • February 28, 1974
    ...The petition for writ of certiorari reflected that the decision of the District Court of Appeal, Third District, in Johnson v. State, 268 So.2d 544 (Fla.App.1972) conflicted with State v. Graham, 240 So.2d 486 (Fla.App.1970) and Perkins v. State, 228 So.2d 382 (Fla.1969), and accordingly, w......
  • Request a trial to view additional results
6 cases
  • Arnold v. Wainwright, No. 74-2724
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 4, 1975
    ...State v. Silva, Fla.1972, 259 So.2d 153; Jones v. Florida, Fla.Dist.Ct.App.1973, 276 So.2d 83; Johnson v. State, Fla.Dist.Ct.App.1972, 268 So.2d 544, aff'd Fla.1974, 294 So.2d 69; State v. Bethel, Fla.Dist.Ct.App.1972, 268 So.2d 8 The appellants contended at the hearing on remand that a sho......
  • Huffman v. Wainwright, No. 80-5237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1981
    ...he waived the defect of the improper jury venire by proceeding to trial. State v. Silva, 259 So.2d 153 (Fla. 1972); Johnson v. State, 268 So.2d 544 (Fla.Dist.Ct.App.1972). The only way for Huffman to obtain relief from his waiver would then be to show cause for the waiver and prejudice affe......
  • Bergelson v. State, Nos. 88-1829
    • United States
    • Court of Appeal of Florida (US)
    • June 5, 1991
    ...raise the question here for the first time. See Fla.R.Crim.P. 3.290; State v. Silva, 259 So.2d 153 (Fla.1972). Accord Johnson v. State, 268 So.2d 544 (Fla. 3d DCA 1972); State v. Bethel, 268 So.2d 557 (Fla. 3d DCA 1972). See also United States v. Dansker, 537 F.2d 40, 63-64 (3d Cir.1976), c......
  • Johnson v. State, No. 43228
    • United States
    • United States State Supreme Court of Florida
    • February 28, 1974
    ...The petition for writ of certiorari reflected that the decision of the District Court of Appeal, Third District, in Johnson v. State, 268 So.2d 544 (Fla.App.1972) conflicted with State v. Graham, 240 So.2d 486 (Fla.App.1970) and Perkins v. State, 228 So.2d 382 (Fla.1969), and accordingly, w......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT