Johnny L. Jones v. State
226 So. 3d 1012
Fla. Dist. Ct. App.2017Background
- Johnny L. Jones was convicted by a jury of grand theft and burglary with a firearm and sentenced as a prison‑releasee reoffender to life imprisonment.
- Jones filed a pro se Fla. R. Crim. P. 3.850 motion with 12 grounds alleging ineffective assistance of trial counsel; the postconviction court summarily denied most grounds and reserved two for hearing (one later withdrawn).
- Ground 3: Jones alleged counsel failed to call ASA Chris Ferebee at the suppression hearing; Ferebee allegedly would have testified that officers told him they had also arrested Jones’s mother and that Jones cooperated in hope she would receive immunity.
- Ground 7: Jones alleged counsel failed to request an "independent act" jury instruction because he asserted he never entered the burglarized home, acted as getaway driver, and did not know firearms would be used or recovered inside.
- The postconviction court denied ground 3 relying on an incorrect statement that no suppression hearing occurred and on an allegedly attached deposition that is not in the record.
- The court also summarily denied ground 7 despite record facts supporting that Jones did not enter the home and may not have known firearms would be used, which could make an independent‑act instruction appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to call ASA Chris Ferebee at suppression hearing (Ground 3) | Ferebee would testify officers told him they arrested Jones's mother and Jones cooperated hoping for her immunity; counsel ineffective for not calling him | Postconviction court found motion to suppress denied without hearing and relied on an attached deposition allegedly refuting coercion | Reversed: record does include a suppression hearing and the court did not attach/identify evidence conclusively refuting the claim; remand for attachment of correct records or merits consideration/evidentiary hearing |
| Failure to request "independent act" jury instruction (Ground 7) | Jones served as getaway driver, never entered home, guns were taken from inside by co‑defendant; counsel ineffective for not requesting instruction | Postconviction court concluded independent‑act doctrine did not apply without explaining how record refuted Jones's assertions | Reversed: Jones pleaded a facially valid claim given record suggesting he did not know firearms would be used; remand for record attachment or evidentiary hearing |
Key Cases Cited
- Lebron v. State, 100 So. 3d 132 (Fla. 5th DCA 2012) (standard of review for summary denial of 3.850 motions)
- McLin v. State, 827 So. 2d 948 (Fla. 2002) (accept defendant's unrefuted factual allegations where no evidentiary hearing)
- Peede v. State, 748 So. 2d 253 (Fla. 1999) (claims must be facially invalid or conclusively refuted by record to uphold summary denial)
- Spellers v. State, 993 So. 2d 1117 (Fla. 5th DCA 2008) (requirements for a facially sufficient claim of failure to call a witness)
- Roberts v. State, 4 So. 3d 1261 (Fla. 5th DCA 2009) (independent‑act doctrine and when such instruction is inappropriate)
- Hunter v. State, 187 So. 3d 1265 (Fla. 5th DCA 2016) (postconviction court must attach correct records or address claim on merits)
- Smith v. State, 69 So. 3d 1034 (Fla. 5th DCA 2011) (trial court must attach record refuting claim or hold evidentiary hearing)