JOHNNY JUNIOR GRAHAM
v.
STATE OF FLORIDA
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The court affirmed the convictions for capital sexual battery where no fundamental error was found in the trial proceedings.
[1] An unpreserved claim of improper bolstering of witness testimony is subject to fundamental error analysis on appeal in the absence of a specific and contemporaneous legal…
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Join FLexlaw to unlock all legal intelligenceJohnny Graham, Jr. was convicted of two counts of capital sexual battery under Florida Statutes section 794.011(2)(a). He appealed his judgment and se…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JOHNNY GRAHAM, JR., ) ) Appellant, ) ) v. ) Case No. 2D17-1955 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed December 5, 2018. Appeal from the Circuit Court for Sarasota County; Thomas W. Krug, Judge. Howard L. Dimmig, II, Public Defender, and J. L. "Ray" LeGrande, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee. LaROSE, Chief Judge. Johnny Graham, Jr., appeals his judgment and sentences for two counts of capital sexual battery under section 794.011(2)(a), Florida Statutes (2015). Finding no fundamental error, we affirm without comment. See Fleitas v. State, 3 So. 3d 351, 355 n.3 (Fla. 3d DCA 2008) (stating that in the absence of a specific and contemporaneous legal objection to allegedly improper bolstering, such an unpreserved
claim, on appeal, is subject to a fundamental error analysis). Our affirmance is without prejudice to Mr. Graham's right to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Affirmed. VILLANTI and LUCAS, JJ., Concur.