Craig Johnson v. State

District Court of Appeal of Florida

Craig Johnson v. State

186 So. 3d 629

CourtDistrict Court of Appeal of Florida

DecidedFebruary 29, 2016

Docket5D15-3328

StatusPublished

Cited by1 cases

This text of 186 So. 3d 629 (Craig Johnson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craig Johnson v. State, 186 So. 3d 629 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Craig Johnson (“Johnson”) was.convicted of possession of oxycodone, possession of cocaine with intent to sell, possession of cannabis, and possession of drug paraphernalia. Johnson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Johnson raises several claims, and we affirm as to each, except part of his third claim. In claim three, Johnson alleges in part that his trial counsel was ineffective for failing to object to erroneous jury instructions on constructive possession because thé trial court failed to instruct .the júry that “if a person does not have exclusive possession of' a controlled substance, knowledge of its presence may not be inferred -or assumed.” See Fla. St. Jury Instr. (Crim.) 25.2 (2012). As to that part of claim three, we reverse and remand this case for the trial court to attach portions of the record -that conclusively refute the claim or to hold an evidentiary hearing. As to the remainder of the allegations contained in claim three, we affirm.

AFFIRMED in part; REVERSED in part; REMANDED;

SAWAYA, TORPY and BERGER, JJ., concur.

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PER CURIAM.

Craig Johnson (“Johnson”) was.convicted of possession of oxycodone, possession of cocaine with intent to sell, possession of cannabis, and possession of drug paraphernalia. Johnson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Johnson raises several claims, and we affirm as to each, except part of his third claim. In claim three, Johnson alleges in part that his trial counsel was ineffective for failing to object to erroneous jury instructions on constructive possession because thé trial court failed to instruct .the júry that “if a person does not have exclusive possession of' a controlled substance, knowledge of its presence may not be inferred -or assumed.” See Fla. St. Jury Instr. (Crim.) 25.2 (2012). As to that part of claim three, we reverse and remand this case for the trial court to attach portions of the record -that conclusively refute the claim or to hold an evidentiary hearing. As to the remainder of the allegations contained in claim three, we affirm.

AFFIRMED in part; REVERSED in part; REMANDED;

SAWAYA, TORPY and BERGER, JJ., concur.

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186 So. 3d 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-johnson-v-state-fladistctapp-2016.

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