Background
Darrell Wayne Johnson was convicted by a jury of battery on a person sixty-five years of age or older. The Pinellas County Circuit Court sentenced him to 132.03 months’ imprisonment.
On appeal, Johnson challenged the adequacy of a Nelson hearing, the denial of his requests to disqualify the trial judge, and the failure to order a competency hearing. He also argued that trying him for a noncapital offense before a six-person jury was fundamental error because section 913.10, Florida Statutes, is facially unconstitutional.
The Court’s Holding
The Second District affirmed Johnson’s judgment and sentence. It found no merit in his arguments concerning the Nelson hearing, judicial disqualification, or competency.
The court also rejected Johnson’s six-person-jury challenge. It held that he had not shown error, much less fundamental error, because United States Supreme Court precedent remains binding that Florida’s use of six-person juries in noncapital criminal cases does not violate the Sixth or Fourteenth Amendment.
Key Takeaways
- The conviction and 132.03-month prison sentence were affirmed.
- The court found no merit in Johnson’s challenges to counsel, judicial disqualification, or competency procedures.
- A six-person jury for a noncapital Florida criminal case was not fundamental error under controlling precedent.
Why It Matters
The decision preserves the established rule that Florida may use six-person juries in noncapital criminal prosecutions. The court acknowledged that the U.S. Supreme Court had granted review of that issue in another case, but treated existing Supreme Court precedent as controlling unless and until it changes.