JOHNSON v. STATE

No. 3D07-2219.

36 So.3d 170 (2010)

Wesley JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 2, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Leslie Scalley, Special Assistant Public Defender, Tampa, for appellant.

Bill McCollum, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.

Before SUAREZ, LAGOA, and SALTER, JJ.


SUAREZ, J.

Wesley Johnson appeals from his conviction and sentence for second-degree murder. We affirm. Our review of the record shows that the trial court did not abuse its discretion by refusing to give the jury instruction on "independent act." The evidence does not support the instruction.

Johnson was charged with first-degree murder, but was convicted of second-degree murder as a lesser included offense, robbery with a firearm, and trespass of an occupied...

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