Johnson v. State

720 So. 2d 232, 1998 WL 732888
Supreme Court of Florida·Decided October 22, 1998·No. 88986·Published·Cited by 39 cases

Opinion

720 So.2d 232 (1998)

Calvin Jerome JOHNSON, Jr., Appellant,
v.
STATE of Florida, Appellee.

No. 88986.

Supreme Court of Florida.

October 22, 1998.

*233 Teresa J. Sopp, Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General, and Mark S. Dunn, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Calvin Jerome Johnson, Jr., appeals his convictions for the first-degree murder of Willie Gaines, the attempted first-degree murder of Calvin "Big" Gaines, armed robbery, attempted armed robbery, and burglary with an assault, and his sentences for those convictions, including his death sentence for the first-degree murder conviction. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm the convictions and prison sentences, but reduce the sentence of death to life in prison without possibility of parole.

Willie Gaines was shot numerous times on December 30, 1994, and died one week later. Calvin Johnson, his brother Anthony Johnson, and Chiffon Bryant were indicted for first-degree murder and other crimes. Chiffon pleaded guilty to robbery and accessory to murder and was sentenced to time served. Calvin's motions to sever were denied, and he and Anthony were tried together.

The trial record reflects the following facts. "Big" Gaines testified that on the morning of December 30, 1994, he and his father, Willie, were repairing his car. The car was parked in front of the Gaineses' residence. Big Gaines was sitting in the driver's seat of the car and Willie was standing by the trunk of the vehicle. Big Gaines testified that Anthony appeared next to him with a gun and asked, "[W]here the money at, where the dope at?" Big Gaines claimed that Anthony ordered him to surrender his gun and cellular phone. Big Gaines stated that he informed Anthony that he did not have a gun or drugs, but that he gave Anthony approximately $1,400 and his cellular phone. Big Gaines asserted that he was ordered to get out of the car and place his hands on the top of the vehicle. Big Gaines *234 testified that when he got out of the car he witnessed a tall man stick an object into his father's back and escort him into the Gaineses' house. Big Gaines stated that soon thereafter he heard two or three shots fired in the house and his mother scream, "[D]on't kill my husband." Big Gaines said that he watched his mother run out of the front door of the house. He testified that, immediately after hearing the shots, he attempted to grab the barrel of Anthony's gun, but was shot in the leg after Anthony wrestled the weapon away from him. Big Gaines also testified that he was shot a second time in the left side of his torso. Big Gaines stated that he watched the second man lead his father by the arm out of the house and onto the front porch. Big Gaines said that the second man stood over his father for five or six seconds, then shot his father in the jaw after Anthony yelled, "[L]et's go." Finally, Big Gaines denied that he owed Anthony a gambling debt or that he was selling drugs at the time of the attack.

Chiffon Bryant testified that on December 30, 1994, Calvin, Anthony, and her boyfriend, Shirea Hickson, were helping her move into a new residence. While she was driving the group across town, Chiffon noticed a man on the side of the road working on an automobile and overheard Calvin say to Anthony, "[T]here is Big Gaines right there." Chiffon recalled that Anthony had mentioned that Big Gaines owed him money. Upon seeing Big Gaines, Anthony allegedly said to Chiffon, "[P]ull over, pull over. I can get my money from him now." Chiffon testified that she told Anthony that Big Gaines would not give him any money and Anthony replied that he was broke and Big Gaines was going to pay him. Chiffon claimed that she then said to Anthony, "What are you going to do, rob him?"

Chiffon testified that she stopped her car and Calvin and Anthony exited the vehicle carrying their guns. Chiffon stated that she proceeded to drive around the block and when she returned she heard shots and saw Big Gaines lying on the ground. Chiffon said that she drove away after she saw Calvin and Anthony flee the scene. Chiffon claimed that she picked up Calvin and Anthony after they intercepted her vehicle. Chiffon testified that while the group was leaving the scene, Anthony confessed that he shot Big Gaines. Chiffon further testified that "[Calvin Johnson] said that [Willie Gaines] pulled a gun on him and he had the nerve to try and shoot him and he had to fire him up." Calvin allegedly told Chiffon that he shot the victim "everywhere." At the time of her testimony, Chiffon had pleaded guilty to robbery and accessory to murder. Chiffon explained to the jury that she hoped for a favorable sentencing recommendation from the State in return for her truthful testimony.

Amanda Gaines testified that she observed a man with a gun enter her house with her husband, Willie. Amanda stated that the armed assailant set her husband in a chair in the living room. Amanda said that the chair was located near an area where Willie stored a handgun. Amanda said that the man saw her and ordered her to come into the living room. Amanda stated that she screamed, "[D]on't kill us, don't kill us. We don't have drugs. We don't have money," and ran to the back of the house. Amanda testified that she returned to the front of the house after hearing a shot and the front door open. Amanda stated that her husband's keys and handkerchief were on a table in the living room and those items had not been there prior to the gunman entering her home. Amanda testified, however, that no money or jewelry was missing from her house. At trial, Amanda twice identified Anthony as the shooter, but admitted that she was very upset at the time of the attack.

Calvin and his brother, Anthony, are separated in age by less than two years. Calvin's booking report listed him as six feet six inches in height and weighing 270 pounds, and Anthony's booking reports listed him as six feet six inches, 220 pounds. Woodrow Allen testified that he knew Calvin in January 1995, and that Calvin appeared to be approximately sixty pounds lighter at the trial.

Lindsey Walker lived one block away from the Gaineses' house. Walker testified that, when he drove by the Gaineses' residence on December 30, he saw Anthony shoot Big Gaines and run away. Walker testified that *235 he also witnessed Calvin run from the Gaineses' house. Walker claimed that he pursued Calvin and Anthony in his car, but ended the chase after the men aimed their guns at him.

Shea Brookins worked at a gas station near the Gaineses' residence. Brookins testified that, while returning from lunch on December 30, he saw two tall men exit a car near the Gaineses' house. Brookins stated that he subsequently heard shots and saw Calvin exit the Gaineses' house.

Three fired bullets and thirteen shell casings were recovered from the Gaineses' yard and residence. The bullets and casings were from .380 and .45 caliber handguns. The medical examiner for Duval County, Dr. Bonifacio Floro, testified that Willie was shot five times. Dr. Floro recovered three .380 caliber bullets from Willie's body. Willie was shot once in his left jaw, three times in his chest, and once in his right hand. Dr. Floro testified that Willie died from pneumonia resulting from the gunshot wounds. Dr. Floro stated that the accumulation of the wounds caused Willie to be immobilized, and that the immobilization and damage to the body predisposed him to pneumonia.

Edward Mason testified that, in January 1995, Calvin showed him an article in the

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