Florida District Courts of Appeal, 2014

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided January 29, 2014 · Emas, Logue, Rothenberg
133 So. 3d 1085; 2014 WL 308057; 2014 Fla. App. LEXIS 1032 (Southern Reporter, Third Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Geter v. State, 115 So.3d 375 (Fla. 2012).

ROTHENBERG and LOGUE, JJ., concur.

Dissenting Opinion

EMAS, J.,

dissenting.

For the reasons expressed in my dissent to the denial of motion for rehearing en banc in Geter v. State, 115 So.3d 385 (Fla. 3d DCA 2013), I respectfully dissent from the majority’s affirmance of the instant case to the extent it holds that the rule announced in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively to cases already final on direct appeal. See also Falcon v. State, 111 So.3d 973 (Fla. 1st DCA 2013), review granted, No. SC13-865 (Fla. 2013).

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