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Johnson v. Secretary, Florida Department of Corrections

United States District Court, M.D. Florida, Tampa Division

August 28, 2019

DARRYL JOHNSON, Petitioner,
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.

          ORDER

          WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE.

         On June 13, 2018, the Court received Petitioner Johnson's petition under 28 U.S.C. § 2254 for writ of habeas corpus by a person in state custody. Dkt. 1. He seeks relief from a 2003 Florida state court conviction. Id. at 1. Respondents have filed a response in opposition, Dkt. 15. The Court finds that no hearing is necessary and denies the petition.

         Background

         In July 1998, Mr. Johnson pled guilty to two counts of robbery. As a result of this plea, he was sentenced to thirty years in prison. Dkt 15-2 at 37-43. The State of Florida appealed Mr. Johnson's sentence based on a misapplication of the Prison Releasee Reoffender Act by the sentencing court, which the state appellate court affirmed. See Johnson v. State, 743 So.2d 45 (Fla. 2d DCA 1999); Dkt 15-2 at 45. However, on appeal again, the Florida Supreme Court reversed and remanded the case for resentencing. See State v. Johnson, 762 So.2d 521 (Fla. 2000); Dkt 15-2 at 48-52. Mr. Johnson was then sentenced to a minimum mandatory term of life on each count as required by the Prison Releasee Reoffender Act. Dkt 15-2 at 54-58.

         However, in January of 2003, the state appellate court ordered that because of Mr. Johnson and the sentencing court's misunderstanding regarding the Prison Releasee Reoffender Act he was able to withdraw his guilty plea. See Johnson v. State, 834 So.2d 384 (Fla. 2d DCA 2003); Dkt 15-2 at 60-63. On February 12, 2003, his plea was vacated. Dkt 15-2 at 5. Then in May of that same year Mr. Johnson's charge was amended to robbery with a weapon and he again pled guilty Id. at 83. He was then sentenced to a minimum mandatory term of thirty years on each count, concurrent. Id. at 92-96.

         Then, starting a month after his final sentence was imposed and continuing for the next fifteen years, Mr. Johnson tried numerous avenues to further challenge his sentence. On June 25, 2003, Mr. Johnson filed a motion to define or clarify sentence. Id. at 98. Nothing in the record indicates there was ever a ruling on this motion.

         On September 8, 2003, Mr. Johnson filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, which was dismissed on December 9, 2003. Id. at 100-10 & 115. On January 12, 2004, Mr. Johnson filed a second rule 3.850 motion. Id. at 117-28. The motion was denied on June 2, 2004 and rehearing was denied on July 20, 2004. Id. at 6 & 131. On August 26, 2004, Mr. Johnson filed a third rule 3.850 motion. Id. at 133-43. He then filed an amended motion on April 8, 2005. Dkt 15-2 at 155-59. The state circuit court denied relief, Id. at 161-62, and, without opinion, the state appellate court affirmed. Id. at 216. See Johnson v. State, 922 So.2d 205 (Fla. 2d DCA 2006).

         On March 22, 2006, Mr. Johnson filed a petition for writ of habeas corpus in the state circuit court. Dkt. 15-2 at 220-30. This was dismissed on July 14, 2006. Id. at 232. On July 25, 2006, Mr. Johnson filed a second petition for writ of habeas corpus in the state circuit court. Id. at 232-44. The petition was denied, and Mr. Johnson appealed. Id. at 246-47 & 249. The state appellate court affirmed without opinion. Id. at 251. See Johnson v. State, 944 So.2d 362 (Fla. 2d DCA 2006).

         On January 26, 2007, Mr. Johnson filed a second motion to define or clarify sentence. Dkt 15-2 at 255-57. This was denied and Mr. Johnson appealed. Id. at 259 & 262. The state appellate court affirmed. See Johnson v. State, 961 So.2d 945 (Fla. 2d DCA 2007).

         On November 2, 2007, Mr. Johnson filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Id. at 268-75. The motion was dismissed. Id. at 280-81. Mr. Johnson appealed, and the state appellate court affirmed. See Johnson v. State, 7 So.3d 1105 (Fla. 2d DCA 2009).

         On December 9, 2009, Mr. Johnson filed an additional rule 3.850 motion for postconviction relief. Dkt 15-3 at 2-17. The was denied and the state appellate court affirmed. Id. at 23-24. See Johnson v. State, 43 So.3d 50 (Fla. 2d DCA 2010).

         On October 7, 2010, Mr. Johnson filed a petition for writ of habeas corpus in the Florida Supreme Court. Dkt 15-3 at 41-47. It was dismissed on November 19, 2010. See Johnson v. McNeil, 49 So.3d 746 (Fla. 2010). On March 23, 2011, Mr. Johnson filed a petition for writ of habeas corpus in Santa Rosa County. Dkt 15-3 at 56-62. The Santa Rosa County circuit court transferred the petition to Pinellas County. Id. at 66-67. The Pinellas County circuit court denied the petition and the state appellate court affirmed. See Johnson v. State, 83 So.3d 722 (Fla. 2d DCA 2012).

         On February 21, 2014, Mr. Johnson filed a second motion to correct illegal sentence. Dkt 15-3 at 85-94. The motion was denied in part and dismissed in part. Id. at 100-02. The state appellate court affirmed. See Johnson v. State, 160 So.3d 426 (Fla. 2d DCA 2015)

         On September 2, 2015, Mr. Johnson filed a fifth rule 3.850 motion. Dkt 15-3 at 130-38. The motion was dismissed. Id. at 152-55. Mr. Johnson appealed, and the state appellate court affirmed without opinion. See Johnson v. State, 190 So.3d 640 (Fla. 2d DCA 2016). On July 13, 2016, Mr. Johnson filed a sixth rule 3.850 motion. Dkt 15-3 at 177-82. The motion was dismissed, and Mr. Johnson appealed. Id. at 189-90 & 201. The state appellate court affirmed. See Johnson v. State, 231 So.3d 1250 (Fla. 2d DCA 2017). On August 4, 2016, Mr. Johnson filed a motion back in circuit court for rehearing from the order denying his July 13, 2016 motion for ...


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