Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STEPHEN NEIL JENKINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

COWART, Judge.

We affirm the defendant's convictions except as to the conviction of kidnapping with a weapon (§ 787.01, Fla. Stat.), which conviction is reversed because the confinement and movement involved in facts and circumstances occurring during the commission of the acts for which the defendant was convicted of six counts of sexual battery were, in our opinion, merely incidental to the sexual batteries, and therefore, do not meet the criteria for a kidnapping conviction as set forth in Faison v. State, 426 So.2d 963 (Fla. 1983).

We have determined that the elimination of the points on the guidelines scoresheet for the kidnapping charge does not affect the recommended guidelines sentence in this case and therefore we do not vacate the sentence nor remand for resentencing.

AFFIRMED IN PART, REVERSED IN PART.

DAUKSCH and GOSHORN, JJ., concur.

Use AI to get other relevant cases.

Comments

JENKINS v. STATE
(Oct 5, 1989)