Ayendes v. State, NN-466
| Decision Date | 19 June 1980 |
| Docket Number | No. NN-466,NN-466 |
| Citation | 385 So.2d 698 |
| Parties | Louis Phillip AYENDES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael J. Minerva, Public Defender, Louis G. Carres and Harold Long, Asst. Public Defenders, for appellant.
Jim Smith, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for appellee.
This case is before us upon appeal from a conviction and sentence on two counts of attempted kidnapping. We find that appellant's conduct was within the intended purview of § 787.01, Florida Statutes, and affirm the judgment appealed.
Appellant was incarcerated at Union Correctional Institution, near Raiford, Florida, until his escape on November 27, 1978. After evading authorities for approximately 24 hours, appellant armed himself with a wooden fence picket and entered a dwelling, occupied by an elderly female and her adult son, in the town of Raiford. Appellant commanded that the occupants not "get up" or move, and secured possession of a firearm which was on the premises. After making a phone call in an attempt to obtain transportation away from Raiford, with the eventual purpose of fleeing to Mexico, appellant waited on the outside porch with the male occupant. This witness testified that he never consented for the appellant to be in his dwelling and that he was required to always remain in the appellant's presence. After approximately one hour, appellant was apprehended by local law enforcement officials.
The charge in this case was attempted kidnapping with the intent to facilitate the commission of escape from prison. Kidnapping, as defined in § 787.01, Florida Statutes, includes "confining . . . or imprisoning another person against his will and without lawful authority, with intent to . . . facilitate commission of any felony." § 787.01(1)(a)2, Florida Statutes. Appellant argues that the circumstances of this case involve an insubstantial confinement not within the intended purview of § 787.01. We conclude, however, that the intended temporal duration of appellant's conduct (for the apparent purpose of taking one victim with him for an extended time, and actual confinement of over one hour), with the degree of control maintained over the victims, constitutes confinement sufficiently substantial to be within the statutory prohibition of an attempt to kidnap as defined by § 787.01.
Appellant also argues that at the time of the...
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Mobley v. State, s. 59051
...subsection not to include confinement that is inconsequential or inherent in the nature of the related felony. See Ayendes v. State, 385 So.2d 698 (Fla. 1st DCA 1980); Friend v. State, 385 So.2d 696 (Fla. 1st DCA 1980); Harkins v. State, 380 So.2d 524 (Fla. 5th DCA 1980); See also Bass v. S......
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Johnson v. State, 85-2725
...(robbery victims moved from one part of house to another, tied together with telephone cord, and put into bathtub); Ayendes v. State, 385 So.2d 698 (Fla. 1st DCA), rev. denied, 392 So.2d 1371 (Fla.1980) (escaped convict entered house and did not permit occupants to leave for one hour). See ......
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Faison v. State
...living room was without independent significance and not materially different from restraint involved in sexual battery); Ayendes v. State, 385 So.2d 698 (Fla. 1st DCA), review denied, 392 So.2d 1371 (Fla.1980), (attempted kidnapping affirmed, confinement in victim's own home with further d......
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Sorey v. State, 81-2465
...locking the door. Presumably, Friend would have been decided differently if the bathroom door had been locked. Compare Ayendes v. State, 385 So.2d 698 (Fla. 1st DCA 1980). The confinement in Simpkins was not for the purpose of lessening the risk of detection or facilitating escape.2 Where, ......