Johnson v. State
Johnson v. State
Opinion of the Court
Timothy Johnson has appealed an order of the trial court summarily denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm.
Johnson pled guilty to and was convicted of forgery, credit card fraud and burglary, and was sentenced as an habitual offender in February 1991. He filed the instant motion in January 1992, alleging that he
The motion was correctly denied. The constitutionality argument raised by Johnson will not be considered if habitualization would have occurred under the pre-amendment statute. King v. State, 585 So.2d 1199 (Fla. 1st DCA 1991). Johnson does not allege in his motion nor can we determine from his petition that he would not have been habitualized under the pre-amendment statute. Therefore, he states no grounds for relief on this issue, and the motion was properly denied.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.