Gilley v. State, AF-272
| Decision Date | 08 April 1982 |
| Docket Number | No. AF-272,AF-272 |
| Citation | 412 So.2d 68 |
| Parties | Dilworth GILLEY, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender, David J. Busch, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., Lawrence A. Kaden, Asst. Atty. Gen., for appellee.
On 21 October 1980 a young lady celebrated her 19th birthday by visiting a bar. She was talked into giving a couple a ride home. They directed her into a grassy lane in an isolated area where she refused to go farther. After a struggle she was dragged from the car and searched for money. When none was found, she was forcibly taken about 90 feet down the lane where both sexually battered her. After returning to the car, and still finding no money, they again forcibly took her down the lane and raped her. The three then returned to town where the victim was released.
She drove immediately to the police. She had carefully studied her assailants so that she would be able to identify them. She picked Gilley out of photographic and live lineups and identified him in court. She also identified Gilley's companion, Myra Wilson, from lineups. Wilson and Gilley were living together at the time. The bartender also identified the two. Several blood groupings were done, and all were consistent with that of Gilley and Wilson. Wilson pled guilty. Gilley was convicted of kidnapping, sexual battery, and attempted robbery.
The only issue requiring discussion concerns the sufficiency of the asportation to support a separate kidnapping conviction. If the kidnapping was incidental to or inherent in the felony, then conviction and sentence for the kidnapping is improper. Mobley v. State, 409 So.2d 1031 (Fla.1982). Gilley relies on Friend v. State, 385 So.2d 696 (Fla. 1st DCA 1980), holding that locking robbery victims in a bathroom was incidental, and Simpkins v. State, 395 So.2d 625 (Fla. 1st DCA 1981), holding that moving a rape victim from the bedroom to the living room would not support kidnapping convictions. The State relies on Bass v. State, 380 So.2d 1181 (Fla. 5th DCA 1980), which held that forcing a rape victim into her car and then driving some distance to the rape scene was kidnapping. In this case, however, the victim voluntarily accompanied Gilley to a secluded spot, and the only forced movement was farther down the lane.
In Faison v. State, 399 So.2d 19 (Fla. 3d DCA 1981), the same issue was raised. In that case a...
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Johnson v. State, 85-2725
...392 So.2d 1371 (Fla.1980) (escaped convict entered house and did not permit occupants to leave for one hour). See also Gilley v. State, 412 So.2d 68 (Fla. 1st DCA 1982) (forcing rape victim from car to spot of relative seclusion made rape easier to commit and not incidental to nor inherent ......
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Sorey v. State, 81-2465
...Simpkins v. State, 395 So.2d 625 (Fla. 1st DCA 1981); Friend v. State, 385 So.2d 696 (Fla. 1st DCA 1980); compare Gilley v. State, 412 So.2d 68 (Fla. 1st DCA 1982); Faison v. State, 399 So.2d 19 (Fla. 3d DCA 1981). In Harkins, the court held that tying the victim to the bed where he was sex......