Friend v. State, PP-29

Citation385 So.2d 696
Decision Date19 June 1980
Docket NumberNo. PP-29,PP-29
PartiesWilliam Henry FRIEND, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Michael Minerva, Public Defender, and Nancy A. Daniels, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Charles Stampelos, Asst. Atty. Gen., for appellee.

WENTWORTH, Judge.

Friend appeals his judgment of conviction for kidnapping (four counts) and robbery with a firearm, and imposition of five 30-year consecutive sentences, each requiring the three-year mandatory minimum to be served. We agree with appellant's contention that under a proper construction of Florida's kidnapping statute, the kidnapping convictions should be reversed. § 787.01, Florida Statutes (1977).

The record evidence shows that appellant and an accomplice, both carrying firearms while committing a robbery in an office building, motioned three employees into a bathroom, commanding them to "stay there." After a few minutes another employee, who had been required to assist the robbers, was ordered into the bathroom and the door was shut. Within five minutes the employees opened the door and found that the robbers had departed. We conclude that these facts are insufficient to sustain appellant's kidnapping convictions.

Florida's kidnapping statute, § 787.01, Florida Statutes, provides in pertinent part that:

(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:

2. Commit or facilitate commission of any felony.

Although appellant's actions might be considered within the literal language of the statute, we are unable to find any reasonable basis for construing § 787.01(1)(a)2 as intended to include confinement that is simply inconsequential or inherent in the nature of the related felony. Accord, Harkins v. State, 380 So.2d 524 (Fla. 5th DCA 1980). See also, Government of the Virgin Islands v. Berry, 604 F.2d 221 (3rd Cir. 1979); State v. Buggs, 219 Kan. 203, 547 P.2d 720 (1976). In the present case the confinement was of minimal duration, without significant asportation or movement, and did not significantly lessen the risk of detection or make the robbery substantially easier to complete than would any alternative forcible restraint essential to the commission of the robbery. The circumstances in this case therefore indicate that the confinement was...

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23 cases
  • State v. Vladovic
    • United States
    • Washington Supreme Court
    • 28 Abril 1983
    ...429, 482 P.2d 657, 93 Cal.Rptr. 745 (1971); People v. Smith, 4 Cal.3d 426, 482 P.2d 655, 93 Cal.Rptr. 743 (1971); Friend v. State, 385 So.2d 696, 697 (Fla.Dist.Ct.App.1980). Similarly, the rule has been applied where the companion of a robbery victim has been restrained. See, e.g., Seay v. ......
  • Mobley v. State, s. 59051
    • United States
    • Florida Supreme Court
    • 28 Enero 1982
    ...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. State, 380 So.2d 1181 (Fla. 5th DCA The prevalent view nationwi......
  • People v. Bell
    • United States
    • Colorado Court of Appeals
    • 19 Julio 1990
    ...21 Cal.3d 562, 146 Cal.Rptr. 859, 580 P.2d 274 (1978) cited in People v. Bridges, 199 Colo. 520, 612 P.2d 1110 (1980); Friend v. State, 385 So.2d 696 (Fla.App.1980); cf. Sheriff v. Medberry, 96 Nev. 202, 606 P.2d 181 (1980) (trier of fact could arguably find that moving victims to different......
  • Johnson v. State, 85-2725
    • United States
    • Florida District Court of Appeals
    • 8 Julio 1987
    ...625 (Fla. 1st DCA 1981) (kidnapping conviction reversed where sexual battery victim moved from one room to another); Friend v. State, 385 So.2d 696 (Fla. 1st DCA 1980) (kidnapping conviction reversed where victims confined to bathroom during robbery). In Faison, the supreme court noted that......
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