CLEO JOHNSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Cleo Johnson was convicted of robbery with a deadly weapon and aggravated battery and sentenced as a habitual violent felony offender. The appellate court reversed and granted a new trial because the trial court improperly restricted Johnson's voir dire regarding jurors' potential bias against his criminal history, and because his habitual offender sentence was improper.
The trial court erred in restricting Johnson's meaningful voir dire into jurors' potential bias against convicted felons, as this prevented adequate inquiry into whether jurors could fairly evaluate evidence. Additionally, Johnson's habitual offender sentence was improper because his multiple felony convictions, being rendered on the same date, should have been treated as one conviction for sentencing purposes.
[1] A trial court errs by sustaining an objection to defense counsel's attempt to conduct a meaningful voir dire to expose potential juror bias against a convicted felon.
[2] A defendant is entitled to a new trial when the trial court improperly restricts voir dire, preventing an inquiry into potential jurors' attitudes toward the defendant's…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The defense is, of course, permitted to conduct a 'meaningful' voir dire in order to expose 'unyielding bias against a convicted felon' that might affect the jurors' ability to evaluate the evidence impartially.”
Establishes that defendants have a constitutional right to meaningful voir dire regarding jurors' potential bias against criminal history.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohnson was convicted of robbery with a deadly weapon and aggravated battery. He was sentenced to two concurrent 22-year terms enhanced under the habi…
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FRANK, Judge.
Cleo Johnson was convicted of robbery with a deadly weapon and aggravated battery. He was sentenced to two concurrent terms of 22 years, enhanced pursuant to the habitual violent felony offender statute. § 775.084(l)(b), Fla.Stat. (1989). During the jury voir dire, Johnson’s attorney indicated that Johnson had a felony record. Specifically, the question was asked:
If you knew that in 1981, Mr. Johnson went to jail for three cases at one time, went to jail in 1981, all felony cases, would you let that sway you in this instant case or would you, on the other hand, decide this case on its merits, say well, what a person may have done in 1981 or in his prior life, prior in this life will not hold that against — will decide this on its merits.
The trial court sustained an objection to the question. Johnson’s counsel twice offered to sharpen the inquiry but the trial court erroneously rejected each such effort.
The defense is, of course, permitted to conduct a “meaningful” voir dire in order to expose “unyielding bias against a convicted felon” that might affect the jurors’ ability to evaluate the evidence impartially. Moses v. State, 535 So. 2d 350 (Fla. 4th DCA 1988). The trial court foreclosed Johnson’s efforts to determine whether the knowledge that he was a convicted felon would interfere with the venire’s ability to reach a fair decision. It cannot be said from the instant record that the restraint upon Johnson’s voir dire was harmless. We therefore agree that he is entitled to a new trial at which he is to be afforded meaningful inquiry into the jurors’ attitude toward his criminal history. Lavado v. State, 492 So. 2d 1322 (Fla.1986).
In passing we note error in Johnson’s habitual violent offender sentence. To be sentenced as a habitual offender pursuant to section 775.084, Florida Statutes (Supp. 1988), a defendant must then have a record of temporally distinct felony convictions. Johnson’s felony convictions were rendered on the same date and thus should have been regarded as one for purposes of the statute. Johnson v. State, 576 So. 2d 916 (Fla. 2d DCA 1991); Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990).
Accordingly, Johnson is entitled to a new trial.
SCHOONOVER, C.J., and HALL, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lavado v. State, 492 So. 2d 1322 (Fla. 1986)
- Romerio Latee Walker v. State, 567 So. 2d 546 (Fla. 2d DCA 1990)
- Orrin Johnson v. State, 576 So. 2d 916 (Fla. 2d DCA 1991)
- Moses v. State, 535 So. 2d 350 (Fla. 4th DCA 1988)