Johnstone v. State
The Fourth DCA affirmed a misdemeanor stalking conviction arising from a neighbor dispute, holding that its earlier decision in Johnstone I (affirming a probation revocation for 'stalking' based on similar conduct) did not control because the two proceedings involved different fact-finders, evidentiary records, burdens of proof (beyond a reasonable doubt vs. greater weight of the evidence), and standards of review (de novo vs. abuse of discretion/competent evidence). The majority found sufficient competent evidence to support the criminal conviction beyond a reasonable doubt and declined to consider en banc reconsideration of Johnstone I since it found that decision non-controlling. A lengthy dissent argued the court should recede en banc from Johnstone I, contending that the majority (and Johnstone I) misapplied the stalking statute's 'substantial emotional distress' and 'no legitimate purpose' elements to ordinary neighbor-dispute conduct, citing extensive intra- and inter-district conflicting authority (Cash, Sutton, Klemple, Sinopoli, Caterino, etc.).
Key facts
- Appellant was charged with misdemeanor stalking under section 784.048, Florida Statutes, arising from conduct in a neighbor dispute.
- The trial court found appellant guilty of stalking beyond a reasonable doubt; appellant appealed, raising the relevance of a prior appellate decision (Johnstone I) that had affirmed a probation revocation based on similar stalking-related conduct.
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Why it matters
While the majority opinion is brief, it clarifies that a VOP finding on 'stalking' conduct under a lower burden of proof and deferential standard of review does not control a later criminal appeal applying de novo… — full analysis with a trial
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