Florida District Courts of Appeal, 1995

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided September 22, 1995 · Antoon, Dauksch, Harris, Only
660 So. 2d 809; 1995 Fla. App. LEXIS 9927; 1995 WL 559933 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a cocaine possession conviction. We deem the giving of the “justifiable use of force by an arresting officer” instruction to be error, but harmless. It was error because the efforts to secure the appellant at the point of arrest are immaterial to the issue of whether appellant possessed the cocaine.

AFFIRMED.

ANTOON, J., concurs. HARRIS, J., concurs in result only.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.