RODNEY DEANE STEVENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-05-19
No. 79-1004
Before SCHWARTZ, FERGUSON and EZELL, BOYCE F., Jr., (Ret.), Associate Judge.
399 So. 2d 19 Florida District Court of Appeal, Third District (1981) Caution
Cited by 26 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

On the basis of Darden v. State, 329 So. 2d 287 (Fla.1976); Zamot v. State, 375 So. 2d 881 (Fla.3d DCA 1979); and Wingate v. State, 232 So. 2d 44 (Fla.3d DCA 1970), the conviction and sentence are AFFIRMED.


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Cited By (11 total)

  • Faison v. State, 426 So. 2d 963 (Fla. 1983)
    …f the jurisdictions which have considered the question, that it is the fact of any forcible movement or confinement with the forbidden felonious intent — regardless of its length, distance or purpose — which constitutes kidnapping.” Faison v. State, 399 So. 2d 19, 20 n. 2 (Fla. 3d DCA 1981). The Third District also pointed out that the Harkins-Friend-Simpkins view of Florida’s kidnapping statute is incongruous with section 775.021(4), Florida Statutes (1979), which provides “[wjhoever, in the course of one…
    1 / 5
  • Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982)
    …its progeny, Carron v. State, 414 So. 2d 288 (Fla. 2d DCA 1982); 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 sexually assaulted and stabbed to death was not incidental to and inherent in the sexual assault and murder and thus independently established the offense o…
  • McELVEEN v. State, 415 So. 2d 746 (Fla. 1st DCA 1982)
    …ied, we consider it appropriate, should appellant be once again convicted for the offenses of burglary and sexual battery, to address his third point which contends, relying upon McRae v. State, 383 So. 2d 289 (Fla. 2d DCA 1980) and Faison v. State, 399 So. 2d 19 (Fla. 3d DCA 1981), rev. granted, nos. 60,782 & 60,792 (Fla. orally argued April 13, 1982), that he could not be sentenced for both burglary with assault and sexual battery since the latter sentence is duplicative as a matter of law. We disagree. Bo…

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