MICHAEL LEWIS-STEVEN JOHNS
v.
STATE OF FLORIDA
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Trial counsel was ineffective for failing to argue that the trial court improperly considered unsubstantiated matters regarding the defendant's psychopathy at sentencing, violating the defendant's due process rights.
[1] A defendant's due process rights are violated when a trial court considers unsubstantiated matters at sentencing, and the failure of trial counsel to preserve such an iss…
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Join FLexlaw to unlock all legal intelligence“A defendant's due process rights are violated when a trial court considers unsubstantiated matters at sentencing.”
The court's statement of the legal standard governing consideration of matters at sentencing.
Michael Lewis-Steven Johns appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Johns argued th…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MICHAEL LEWIS-STEVEN JOHNS,
Appellant,
v. Case No. 5D18-1877
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed May 10, 2019
3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Michael Lewis Steven-Johns, Malone, pro se.
Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Michael Lewis-Steven Johns appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without comment except as to claim three. As to that claim, we reverse.
In claim three, Johns argues that trial counsel was ineffective for failing to argue that the trial court improperly considered impermissible matters—his “psychopathy” and
As such, we reverse the trial court’s summary denial of claim three. On remand, the trial court should either attach additional records to conclusively refute the claim or hold an evidentiary hearing. The court must then decide whether Johns has established that his counsel’s performance was deficient and if he was prejudiced as a result. See Grosvenor v. State, 874 So. 2d 1176, 1178 (Fla. 2004).
AFFIRMED in part; REVERSED in part; and REMANDED.
ORFINGER, COHEN and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johns v. State (Fla. 5th DCA 2020)
Authorities Cited
- Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)
- Damiroquan McGILL v. State, 148 So. 3d 531 (Fla. 5th DCA 2014)
- Ulysses Crouse Jr. v. State, 101 So. 3d 901 (Fla. 4th DCA 2012)