Third District Court of Appeal
State of Florida
Opinion filed July 21, 2021.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-0257
Lower Tribunal No. 11-1796
________________
David Whitmore Johnson,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Nushin G.
Sayfie, Judge.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger,
Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Kseniya Smychkouskaya,
Assistant Attorney General, for appellee.
Before FERNANDEZ, C.J., and LINDSEY, and LOBREE, JJ.
PER CURIAM.
Appellant, Defendant below, David Whitmore Johnson appeals a
judgment and sentence entered after a jury found him guilty of first-degree
murder, attempted first-degree murder, attempted second-degree murder,
and the shooting or throwing of a deadly missile. The sole issue on appeal
is whether the trial court reversibly erred in denying Defendant’s motion for
mistrial. The trial court denied the motion after overruling Defendant’s
objection to the admission of testimony the State elicited from a witness on
cross-examination. This witness testified regarding Defendant bringing an
AK-47 assault rifle to the witness’s house sometime prior to the shooting
incident that precipitated the indictment in this case. Our decision is
informed by the abuse of discretion standard of review applicable
hereto. See Salazar v. State, 991 So. 2d 364, 373 (Fla. 2008); Hinkson v.
State, 283 So. 3d 900, 900–01 (Fla. 3d DCA 2019); Wellons v. State, 87 So.
3d 1223, 1225 (Fla. 3d DCA 2012). Given the record before us, we find no
abuse of discretion by the trial judge and are compelled to affirm.
Affirmed.
2