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JOHNSON v. STATE

No. 72238.

536 So.2d 1009 (1988)

Marvin Edwin JOHNSON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied February 9, 1989.

Attorney(s) appearing for the Case

Larry Helm Spalding, Capital Collateral Representative and Carlo Obligato, Staff Atty., Office of the Capital Collateral Representative, Tallahassee, and Mark Evan Olive, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This is an appeal from the denial of a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Johnson was charged with the killing of a pharmacist, Woodrow Moulton, on the evening of June 7, 1978. The jury found him guilty of first-degree murder but recommended life imprisonment. However, on January 12, 1979...

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