Formor v. State, 94-2883
| Court | Court of Appeal of Florida (US) |
| Citation | 676 So.2d 1013 |
| Docket Number | No. 94-2883,94-2883 |
| Parties | 21 Fla. L. Weekly D1452 Curtis FORMOR, Appellant, v. STATE of Florida, Appellee. |
| Decision Date | 21 June 1996 |
Page 1013
v.
STATE of Florida, Appellee.
Fifth District.
Robert J. Nesmith, Orlando, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant
Page 1014
Attorney General, Daytona Beach, for Appellee.THOMPSON, Judge.
Curtis Formor was convicted of six counts of kidnapping with intent to commit a felony and six counts of home invasion robbery while wearing a mask. He appeals his convictions and argues two errors on appeal. His first argument is that the state's circumstantial evidence case failed to present sufficient evidence of guilt. The state presented evidence of a single fingerprint on an outside door which was accessible to the public, his wife's statement to detectives that he committed the crime, and Formor's statement that he was at one location four days after the crime was committed. His second argument is that he should not have been sentenced for the kidnapping counts because the movement of the victims was insignificant. The six victims were moved three to six feet from bedrooms to bathrooms. We affirm as to the home invasion robbery charges and reverse as to the kidnapping charges.
Formor was convicted of robbing six tourists at two motels .8 of a mile apart on International Drive in Orlando. The robberies occurred on 8 February 1994. All of the robberies occurred within one hour, and two of the robberies occurred at the same motel. Although the witnesses' stories conflicted, all of the witnesses agreed to these facts: Two black men wearing ski masks, and carrying either one or two sawed-off shotguns, entered a total of three unlocked guest rooms at the Ramada Inn and the Quality Inn. They ordered the victims at gunpoint to get on the floor or be killed. After robbing the victims, the men ordered them into the bathroom of each motel room, and told them not to come out or they might be killed. The victims stayed in the bathrooms while the robbers went through their luggage and valuables. Both robbers were about six feet tall and in their late 20's to mid-30's.
None of the victims could identify the robbers after the crimes. Several victims thought the robbers were black solely because of speech characteristics, but one victim testified that she could see their skin complexion because they were gloveless and wearing short pants. One victim thought that each robber had a shotgun whereas other victims said there was only one shotgun present. One victim said one of the robbers had on short pants and the other victims said both robbers had on long pants. At the scene of the two Quality Inn robberies, the police lifted one fingerprint, identified as Formor's, from the door entering one of the motel rooms. None of the victims' valuables or the shotgun was recovered.
Several weeks after the robbery, Raquel Formor, Formor's wife, called the sheriff's department and stated she wanted to give information anonymously about the robberies. She twice...
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