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4th DCAApril 15, 2026Affirmed; remanded to correct scrivener's error in restitution order⭐ Notable

Johnson v. State

Case No. 4D2023-2802

The Fourth DCA affirmed second-degree murder and child abuse convictions, holding the state established a sufficient nexus between a baseball bat found at the scene and the crime to justify its admission into evidence, and that the trial court did not rely on impermissible sentencing factors merely by commenting that the facts suggested premeditation akin to first-degree murder. The court remanded solely to strike a scrivener's error in the written restitution order that conflicted with the oral pronouncement.

Key facts

  • Johnson was charged with second-degree murder and child abuse after a baseball bat was found at the crime scene.
  • At trial, the state introduced the baseball bat into evidence based on eyewitness testimony identifying similarities between the weapon used and the recovered bat, along with temporal and spatial proximity to the crime and corroborating physical evidence.
  • +2 more key facts with a free trial

Why it matters

This opinion offers a useful, well-organized framework for weapon-admissibility disputes, applying and distinguishing the Metayer/Holloway/Gartner line to clarify what proximity, identification, and forensic-consistency… — full analysis with a trial

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