Jackson v. State
| Decision Date | 07 September 1983 |
| Docket Number | No. 82-2213,82-2213 |
| Citation | 436 So.2d 1101 |
| Parties | Wallace JACKSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
Defendant appeals his convictions of kidnapping, robbery, and carrying a firearm in the commission of a felony. We affirm as to the robbery conviction but reverse as to the kidnapping and firearm charge. Although the defendant was also convicted of two other crimes growing out of the same incident, these additional convictions are not raised on appeal.
Mr. Rice and another person were guests at a motel in Broward County. Mr. Rice left the room to get ice and as he returned to the room and placed his key in the door two individuals approached him from the rear, placed a gun to his head, and propelled him through the open door. The two assailants then proceeded to take property from the two occupants and immediately left the room. We find no merit to the appellate attack on the armed robbery conviction. As to kidnapping, the matter is controlled by the Florida Supreme Court's recent opinion in Faison v. State, 426 So.2d 963 (Fla.1983). Here we find the undisputed facts show an absence of confinement. The only movement was across the threshold of the open door which Mr. Rice himself was in the act of opening. Despite the fact that the robbery became easier and less detectable inside the room we conclude that the movement was slight,...
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Akins v. State
...is based, see Bogard v. State, 451 So.2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So.2d 677 (Fla. 4th DCA 1984); Jackson v. State, 436 So.2d 1101 (Fla. 4th DCA 1983). But see State v. Baker, 456 So.2d 419 (Fla.1984); Gibson v. State, 452 So.2d 553 (Fla.1984); and the specially concurr......
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Brown v. State, 88-983
...See also Bogard v. State, 451 So.2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So.2d 677 (Fla. 4th DCA 1984) and Jackson v. State, 436 So.2d 1101 (Fla. 4th DCA 1983). The point of citing Jackson, Bogard and Alvarez is that those cases were disapproved by the supreme court in State v. Gi......
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U.S. v. Howard
...interpreting state statutes and holding that a limited confinement does not rise to the level of a kidnapping, see Jackson v. State, 436 So.2d 1101 (Fla.App. 4 Dist.1983); People v. Daniels, 71 Cal.2d 1119, 80 Cal.Rptr. 897, 459 P.2d 225 (1969); People v. Levy, 15 N.Y.2d 159, 256 N.Y.S.2d 7......
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O'Brien v. State
...double jeopardy prohibits convictions of the firearm offense (§ 790.07(2), Fla.Stat.) and its underlying felony, see Jackson v. State, 436 So.2d 1101 (Fla. 4th DCA 1983); Bogard v. State, 451 So.2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So.2d 677 (Fla. 4th DCA 1984). If by Gibson th......