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270 So. 2d 44

Johnson v. State

District Court of Appeal of Florida

Decided December 13, 1972

District Court of Appeal of Florida · decided 1972-12-13

Relies on Witherspoon v. Illinois · Furman v. Georgia · 267 So. 2d 331 - In Re Baker

Decided 1972-12-13

PER CURIAM.

¶1Cleveland Lee Johnson sought relief from a sentence of death by filing a petition pursuant to CrPR 3.850, 33 F.S.A., and appeals the denial of that petition. The relief he sought has since been afforded him by the Supreme Court of Florida in In re Baker et al., Fla.1972, 267 So.2d 331. See also Barlow v. State, Fla.1972, 267 So.2d 822, holding that Witherspoon1 objections are rendered immaterial by Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346.

¶2This appeal is now moot, and is accordingly

¶3Dismissed.

PIERCE, C. J., and LILES and Mc-NULTY, JJ., concur.

¶4. Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968).

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