Formor v. State, 94-2883

CourtCourt of Appeal of Florida (US)
Citation676 So.2d 1013
Docket NumberNo. 94-2883,94-2883
Parties21 Fla. L. Weekly D1452 Curtis FORMOR, Appellant, v. STATE of Florida, Appellee.
Decision Date21 June 1996

Page 1013

676 So.2d 1013
21 Fla. L. Weekly D1452
Curtis FORMOR, Appellant,
STATE of Florida, Appellee.
No. 94-2883.
District Court of Appeal of Florida,
Fifth District.
June 21, 1996.

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.


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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15 cases
  • Kent v. State, 96-2590
    • United States
    • Court of Appeal of Florida (US)
    • December 5, 1997
    ...State, 604 So.2d 475 (Fla.1992); Ferguson v. State, 533 So.2d 763 (Fla.1988); Faison v. State, 426 So.2d 963 (Fla.1983); Formor v. State, 676 So.2d 1013 (Fla. 5th DCA Applying the test to the present case, the evidence appears sufficient to establish that a kidnapping occurred. First, the m......
  • KS v. State, 5D01-1520.
    • United States
    • Court of Appeal of Florida (US)
    • April 19, 2002
    ...crime was committed. Jaramillo v. State, 417 So.2d 257 (Fla. 1982); Williams v. State, 740 So.2d 27 (Fla. 1st DCA 1999); Formor v. State, 676 So.2d 1013 (Fla. 5th DCA 1996); C.E. v. State, 665 So.2d 1097 (Fla. 4th DCA 1996); Miles v. State, 466 So.2d 239 (Fla. 1st DCA 1984), pet. for review......
  • State v. Smith
    • United States
    • United States State Supreme Court of Florida
    • February 6, 2003
    ...affirmed. See id. at 625-26. Regarding the reversal of the false imprisonment conviction, the district court compared Formor v. State, 676 So.2d 1013, 1015 (Fla. 5th DCA 1996), which reversed a kidnapping conviction based on the test announced in Faison v. State, 426 So.2d 963 (Fla.1983).1 ......
  • Frederick v. State
    • United States
    • Court of Appeal of Florida (US)
    • May 24, 2006
    ...Bruce v. State, 612 So.2d 632, 634 (Fla. 3d DCA 1993); McCutcheon v. State, 711 So.2d 1286, 1289 (Fla. 4th DCA 1998); Formor v. State, 676 So.2d 1013, 1014 (Fla. 5th DCA 1996); Wilcher v. State, 647 So.2d 1013 (Fla. 4th DCA 1994); Friend v. State, 385 So.2d 696, 697 (Fla. 1st DCA 1980). In ......
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