Tyrone Randy Johnson, Jr. v. State of Florida
16-5350
| Fla. Dist. Ct. App. | Aug 9, 2017Background
- Appellant Tyrone Johnson, a bail bond agent whose license was revoked in 2012, participated in financing a bond for Felicia Sledge and accepted her car title as collateral for a loan.
- After Sledge fell behind on payments, Johnson and a co-worker repossessed her vehicle in daylight; Sledge had personal items (including a heart monitor) inside and reported the car and contents stolen.
- Johnson was charged with, among other counts, grand theft auto and theft of property; his motions for judgment of acquittal on those counts were denied at trial.
- On appeal Johnson argued (1) insufficient evidence of intent for grand theft auto because he repossessed the car as collateral in good faith, and (2) double jeopardy as to the vehicle and its contents because both takings arose from a single act.
- The First District Court of Appeal reviewed the judgment-of-acquittal denials de novo, examined whether intent existed at the time of taking, and analyzed whether separate convictions for the vehicle and its contents violated double jeopardy.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Whether evidence proved intent for grand theft auto | Statements and title notation indicate intent to permanently deprive | Repossession was collateral enforcement; good-faith belief in right to take | Reversed—insufficient evidence of intent at time of taking |
| Whether convictions for vehicle and property violate double jeopardy | Taking of personal property occurred days later when belongings withheld | Single continuous taking of car and contents at repossession | Reversed—double jeopardy bars dual convictions |
Key Cases Cited
- Pagan v. State, 830 So. 2d 792 (Fla. 2002) (standard of review for judgment of acquittal)
- Redding v. State, 666 So. 2d 921 (Fla. 1st DCA 1995) (specific intent is essential element of theft)
- Bartlett v. State, 765 So. 2d 799 (Fla. 1st DCA 2000) (good-faith belief of right to property negates intent)
- Maddox v. State, 38 So. 2d 58 (Fla. 1948) (open, avowed taking gives presumption of no felonious intent)
- Hayes v. State, 803 So. 2d 695 (Fla. 2001) (use separation of time, place, circumstances test for distinct takings)
- Mixson v. State, 857 So. 2d 362 (Fla. 1st DCA 2003) (single continuous act supports one theft conviction)
- Beaudry v. State, 809 So. 2d 83 (Fla. 5th DCA 2002) (dual convictions for vehicle and items in vehicle violate double jeopardy)
- Ford v. State, 849 So. 2d 477 (Fla. 4th DCA 2003) (similar double jeopardy holding where items were in vehicle at theft)
- State v. Drawdy, 136 So. 3d 1209 (Fla. 2014) (de novo review for double jeopardy when facts are undisputed)
Decision: Reversed and remanded with instructions to vacate the convictions for grand theft auto and theft of property; conviction for acting as bail bond agent with suspended/revoked license affirmed.