Mones v. State, 85-1780
| Decision Date | 26 February 1986 |
| Docket Number | No. 85-1780,85-1780 |
| Citation | 11 Fla. L. Weekly 547,485 So.2d 9 |
| Parties | 11 Fla. L. Weekly 547 Thomas MONES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; Leroy H. Moe, Judge.
Jose M. Quinon, Coral Gables, and John H. Lipinski, Miami, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.
Affirmed.
I agree that appellant's conviction should be affirmed although his appeal has presented some troubling issues that have been well briefed on both sides.
I concur with the majority's resolution of all the issues and comment on just a few. Initially, I agree that the evidence was sufficient to sustain a conviction for kidnapping because it reflects that, even though appellant did not participate in the initial seizure of the victim, he did join with his codefendants in confining the victim against his will. I find no error in the trial court's refusal to grant appellant's motion for severance predicated on Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) and a claim of "antagonistic" defenses among the defendants. I see no genuine Bruton problem and believe the trial court properly exercised the discretion granted it under McCray v. State, 416 So.2d 804 (Fla.1982) to try all three alleged kidnappers together in the same trial. I also believe the evidence of the drug activities that resulted in the kidnapping was properly admitted to reveal the context in which this crime took place. Cf. Williams v. State, 110 So.2d 654 (Fla.1959).
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Huhn v. State
...codefendants in Biscardi v. State, 511 So.2d 575 (Fla. 4th DCA 1987), a decision issued today, and in Mones v. State, a PCA reported in 485 So.2d 9 (Fla. 4th DCA 1986). The record reflects a bizarre scenario. A 911 call was received by the Broward County Sheriff's Department Communications ......
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Biscardi v. State
...simultaneously in Huhn v. State, 511 So.2d 583 (Fla.App.1987), and with the PCA issued by another panel of this court in Mones v. State, 485 So.2d 9 (Fla. 4th DCA 1986). Prior to trial and again during trial, Biscardi unsuccessfully sought severance of his trial from those of the codefendan......