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Jackson v. State

District Court of Appeal of Florida, Fourth District
Sep 7, 1983
436 So. 2d 1101 (Fla. Dist. Ct. App. 1983)

Summary

concluding that victim's movement was slight, inconsequential and merely incidental to robbery where as motel guest was placing his key in door, two individuals approached him from rear, placed gun to his head, and propelled him through open door before taking property and immediately leaving room

Summary of this case from Biggs v. State

Opinion

No. 82-2213.

September 7, 1983.

Appeal from the Circuit Court, Broward County, Russell E. Seay, Jr., J.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


Defendant appeals his convictions of kidnapping, robbery, and carrying a firearm in the commission of a felony. We affirm as to the robbery conviction but reverse as to the kidnapping and firearm charge. Although the defendant was also convicted of two other crimes growing out of the same incident, these additional convictions are not raised on appeal.

Mr. Rice and another person were guests at a motel in Broward County. Mr. Rice left the room to get ice and as he returned to the room and placed his key in the door two individuals approached him from the rear, placed a gun to his head, and propelled him through the open door. The two assailants then proceeded to take property from the two occupants and immediately left the room. We find no merit to the appellate attack on the armed robbery conviction. As to kidnapping, the matter is controlled by the Florida Supreme Court's recent opinion in Faison v. State, 426 So.2d 963 (Fla. 1983). Here we find the undisputed facts show an absence of confinement. The only movement was across the threshold of the open door which Mr. Rice himself was in the act of opening. Despite the fact that the robbery became easier and less detectable inside the room we conclude that the movement was slight, inconsequential and merely incidental to the robbery. As such, it does not constitute the separate crime of kidnapping. The conviction and sentence for kidnapping are reversed and vacated. The conviction and sentence for carrying a firearm in the commission of a felony are also reversed on the authority of Bell v. State, 437 So.2d 1057 (Fla. 1983), which case receded from State v. Monroe, 406 So.2d 1115 (Fla. 1981).

With all respect to the trial court, we point out that the Bell case was not published at the time of this trial.

AFFIRMED IN PART, REVERSED IN PART.

ANSTEAD, C.J., and HURLEY, J., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Fourth District
Sep 7, 1983
436 So. 2d 1101 (Fla. Dist. Ct. App. 1983)

concluding that victim's movement was slight, inconsequential and merely incidental to robbery where as motel guest was placing his key in door, two individuals approached him from rear, placed gun to his head, and propelled him through open door before taking property and immediately leaving room

Summary of this case from Biggs v. State

In Jackson, where the kidnapping was reversed, the robbery victim was forced from the hotel hallway into his own room where the assailants took the guests' property and immediately left.

Summary of this case from Berry v. State
Case details for

Jackson v. State

Case Details

Full title:WALLACE JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 7, 1983

Citations

436 So. 2d 1101 (Fla. Dist. Ct. App. 1983)

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