Tyrone B. Johnson, Appellant,
State of Florida, Appellee.
final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Alachua County. Mark W.
B. Johnson, pro se, Appellant.
Jo Bondi, Attorney General, Tallahassee, for Appellee.
B. Johnson appeals an order denying his postconviction motion
brought pursuant to Florida Rule of Criminal Procedure 3.850.
For the reasons discussed below, we affirm.
was charged with three counts of attempted second-degree
murder (counts I-III), shooting into an occupied building
(count IV), and possession of a firearm by a convicted felon
(count V). The evidence introduced at trial reflected that on
the night of the shooting, one of the victims, Michael
Alford, attempted to fight Appellant over a dispute involving
another victim, LaKendra Young. Appellant's friends
intervened to stop the fight, and Appellant retreated to a
friend's apartment and called the police. The police
escorted him back downstairs to his car. Appellant started to
drive out of the apartment complex in his car, and his
friend, Rico Williams, followed in a separate car. Near the
exit to the complex, he stopped his car and discovered that
his tires had been slashed. He started making threatening
remarks, suggesting that he intended to return.
that night, a car drove slowly into the complex, turned
around, and passed by the place where Ms. Young, Mr. Alford,
and Austin Price were standing outside. Two witnesses
identified it as the same car that had followed Appellant out
of the complex earlier in the night. The windows were rolled
down, several shots were fired, and the car then sped away.
Young testified that she felt the wind of one bullet passing
behind her before it struck a sliding glass door. Mr. Price
testified that one of the bullets went over his head and
struck a wall. Mr. Alford and Ms. Young were able to identify
Appellant as the shooter. Another witness, Ira Davis, also
saw the shooting and identified Appellant as the shooter.
Evidence was presented that the vehicle involved in the
shooting belonged to Rico Williams' girlfriend, Fariha
Hoque. When authorities contacted Ms. Hoque about her
vehicle, she initially concealed its whereabouts, saying it
was in Miami.
was convicted as charged on counts I, III, and IV, and of the
lesser included offense of aggravated assault on count II. He
was sentenced to a total of life in prison and designated as
an habitual violent felony offender on counts I and III.
Count V was nolle prossed by the State. Appellant's
convictions and sentences were affirmed by this court,
without opinion. Johnson v. State, 166 So.3d 771
(Fla. 1st DCA 2015) (table).
then filed the instant rule 3.850 motion, raising eight
grounds for relief. The lower court summarily denied the
motion, and this timely appeal follows.
Appellant's first ground, he raised two subclaims
pertaining to counsel's alleged failure to
investigate. In subclaim (a), Appellant argued that his
attorney was ineffective for failing to depose the
State's witnesses to prepare for cross-examination. He
alleged that Mr. Davis, Ms. Young, and Mr. Alford had given
less detailed statements to the police in response to the
investigation into the dispute between Appellant and Mr.
Alford than they did in connection with the investigation of
the shooting. He asserted that other witnesses were
unreliable or made statements that did not support the
State's case. He claimed the outcome of the trial would
have been different if counsel had impeached these witnesses,
because such impeachment would have supported his alibi and
of ineffective assistance of counsel is governed by
Strickland v. Washington, 466 U.S. 668 (1984). To
prove ineffective assistance, an appellant must allege 1) the
specific acts or omissions of counsel which fell below a
standard of reasonableness under prevailing professional
norms and 2) that the appellant's case was prejudiced by
these acts or omissions such that the outcome of the case
would have been different. See id. at 690-92.
"[W]hen a failure to depose is alleged as part of an
ineffective assistance of counsel claim, the appellant must
specifically set forth the harm from the alleged omission,
identifying 'a specific evidentiary matter to which the
failure to depose witnesses would relate.'"
Davis v. State, 928 So.2d 1089, 1117 (Fla. 2005)
(quoting Brown v. State, 846 So.2d 1114, 1124 (Fla.
even assuming that Appellant set forth a facially sufficient
claim, he failed to establish prejudice. Mr. Alford, Ms.
Young, Mr. Davis, and another witness, Shanice Bailey, all
provided written statements to the police after the shooting.
During the trial, defense counsel thoroughly cross-examined
these witnesses and impeached them with their prior
statements. Counsel also questioned Mr. Price about prior
statements he made to the police. During closing arguments,
defense counsel highlighted conflicts in their testimony, as
well as the relationships among the witnesses and ...