Carter v. State, BA-111
| Decision Date | 18 April 1985 |
| Docket Number | No. BA-111,BA-111 |
| Citation | 468 So.2d 370,10 Fla. L. Weekly 1008 |
| Parties | 10 Fla. L. Weekly 1008 Ricky J. CARTER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael Allen, Public Defender, and Kenneth L. Hosford, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., for appellee.
Carter claims that his kidnapping conviction should be reversed because his actions purporting to constitute the kidnapping charge were inconsequential or inherent in the armed robbery of which he was also convicted and that the separate kidnapping conviction was impermissible under the Supreme Court's holding in Faison v. State, 426 So.2d 963 (Fla.1983). We disagree and affirm.
The defendant and an accomplice accosted the victim outside her apartment and, armed with guns, forced their way into her apartment. The robbers pushed the victim down on the couch and forcibly removed her necklaces from her neck. She was told that she would be killed if she screamed. The defendant and his accomplice ransacked the apartment, taking jewelry and other items, after which the defendant ordered the victim into the bathroom.
The defendant then entered the bathroom and told the victim he was going to tie her up so that he and his accomplice could get away. The victim testified as to what transpired thereafter:
A I told him he didn't have to tie me up, I wasn't going to stop them from getting away. He said, I'm going to tie you up and you can get aloose. We just want to get away. So he got a belt that I had to a dress in the hall closet and he tied my arms up to the towel rack and then they left.
Q Okay. How did he tie you up?
A He told me to put my arms out like this here and he wrapped the cord, the belt around my arms and then tied it to the towel rack.
Soon after the robbers left, the following transpired according to the victim:
Q Okay. What happened next?
A The phone went to ringing and I popped the thing, the belt from the towel rack, and then I twist my arms and got it out and I--
Q Did it hurt you when you popped it?
A Yes, I had bruises on my arm.
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Q What happened then?
A I ran to the phone and picked the phone up. It was my brother. He asked me where I had been and I say--and I started crying and screaming and I told him what happened and he came round there.
Section 787.01(1)(a)2., Florida Statutes (1983), under which the defendant was charged, provides:
(1)(a) "Kidnapping" means forcibly, secretly or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to:
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2. Commit or facilitate commission of any felony.
Under Faison v. State, supra, the confinement or movement necessary to facilitate the commission of another crime within the meaning of the above statute: (1) must not be slight, inconsequential and merely incidental to the other crime; (2) must not be of the kind inherent in the nature of the...
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Johnson v. State, 85-2725
...the victim to wait on customers. The court held that this conduct was an effort to lessen the risk of detention. In Carter v. State, 468 So.2d 370 (Fla. 1st DCA), rev. denied, 478 So.2d 53 (Fla.1985), the defendant tied the robbery victim to a towel rack in the bathroom with a belt, saying,......
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U.S. v. Fernandez
...Indeed, the movement and confinement of Rogelio in this case would be much more consequential than the movement in Carter v. State, 468 So.2d 370, 371 (Fla.Ct.App.1985), where the court held that the movement of a robbery victim from outside to inside a building may not be characterized as ......
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Ferguson v. State, 87-0714
...3d DCA 1987); Sanborn v. State, 513 So.2d 1380 (Fla. 3d DCA 1987); Taylor v. State, 481 So.2d 97 (Fla. 3d DCA 1986); Carter v. State, 468 So.2d 370 (Fla. 1st DCA), rev. denied, 478 So.2d 53 (Fla.1985); Sorey v. State, 419 So.2d 810 (Fla. 3d DCA 1982); Dowdell v. State, 415 So.2d 144 (Fla. 1......
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Brinson v. State, s. BC-45
...with this opinion. MILLS and THOMPSON, JJ., concur. 1 Robert Brinson was acquitted on the three kidnapping counts.2 Carter v. State, 468 So.2d 370 (Fla. 1st DCA 1985), cited by the state, is distinguishable from this case by the fact that in Carter the victim was accosted outside her apartm......