District Court of Appeal of Florida

Defendant's convictions and sentences for armed robbery and armed kidnapping are reversed in part and remanded with instructions as the evidence presented at trial was legally insufficient to sustain the conviction for armed kidnapping in circumstances where the victim, at gunpoint and under defendant's direction, walked about ten feet to a bathroom and closed the door, but defendant did not lock the victim in the bathroom and did not block the door, and the victim exited two or three minutes later.

Appellate Information

• Decided 12/06/2006
• Published 12/06/2006

Judges

• STRINGER, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.