JOHENSON SALOMON
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-01-11
No. 17-2990
Blume, Kimball, Eineb
237 So. 3d 346 Florida District Court of Appeal, Fourth District (2018) Positive Treatment
Cited by 3 cases

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Holding

The trial court properly denied appellant's Rule 3.850 motion for post-conviction relief.


Facts & Procedural History

Johenson Salomon was convicted and subsequently filed a Rule 3.850 motion in the trial court seeking post-conviction relief.…

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Opinion of the Court

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JOHENSON SALOMON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D17-2990

[January 11, 2018]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 50-2015-CF-002131-AXXX-MB.

Jason T. Forman of Law Offices of Jason T. Forman, P.A., Fort Lauderdale, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Matthew Steven Ocksrider, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. WARNER, GROSS and CONNER, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


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  • Smith v. State, 314 So. 2d 226 (Fla. 4th DCA 1975)
    …105 (Tex.1940); State v. Moraga, supra; Palmore v. State, supra. On the other hand, though, we recognize that there is authority to the contrary. People v. Bowen, supra; State v. Greene, 152 N.C. 835, 68 S.E. 16 (1910); State v. Flory, 40 Wyo. 184, 276 P. 458 (1929); State v. Boston, 233 Iowa 1249, 11 N.W. 2d 407 (1943). These cases generally hold that, even though defendant has testified to his knowledge of a certain event allegedly influencing his mental condition, the factual nature of the information…

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