RONALD YOUNG, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-01-11

No. 81-1219

Before SCHWARTZ, C.J., and BARK-DULL, J., and KAPNER, LEWIS, Associate Judge., KAPNER, LEWIS, Associate Judge, dissents.

424 So. 2d 960 Florida District Court of Appeal, Third District (1983) Positive Treatment

Cited by 2 cases

Topics

Accessory After The Fact False Imprisonment

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Opinion of the Court

PER CURIAM.

We conclude that the only evidence at the trial which was admissible against the defendant-appellant, his own statement, was insufficient as a matter of law to justify the jury finding that he was guilty of the crime of false imprisonment. Sec. 787.02, Fla.Stat. (1979); see A.Y.G. v. State, 414 So. 2d 1158 (Fla. 3d DCA 1982); Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980); Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980); Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972); Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968). As in the cases cited, Young could, at most, properly have been convicted only of being an accessory after the fact of his co-defendant’s commission of the offense, a crime with which the appellant was not charged. See A.Y.G. v. State, supra, 414 So. 2d at 1159. For this reason, the judgment under review is reversed with directions to discharge the defendant.

KAPNER, LEWIS, Associate Judge, dissents.

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Citator

Cited By

Robertson v. Robertson, 569 So. 2d 852 (Fla. 4th DCA 1990)

…ent at the time the marital home was jointly titled. Therefore, because the trial court’s ruling that the husband intended to give the wife a one-half interest in the marital home is not “supported by competent substantial evidence,” Farah v. Farah, 424 So. 2d 960 (Fla. 3d DCA 1983), we reverse that part of [*853] the final judgment which denies the husband a special equity in the marital home. REVERSED AND REMANDED. DELL, WALDEN and GUNTHER, JJ., concur.…
Freeman v. Freeman, 478 So. 2d 1073 (Fla. 3d DCA 1985)

…PER CURIAM. Affirmed. Ball v. Ball, 335 So. 2d 5 (Fla.1976); McIntyre v. McIntyre, 434 So. 2d 61 (Fla. 5th DCA 1983); Farah v. Farah, 424 So. 2d 960 (Fla. 3d DCA 1983).…

Authorities Cited

Johnnell Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972)
Ira Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968)
Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980)
A. Y. G. v. State, 414 So. 2d 1158 (Fla. 3d DCA 1982)
Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980)

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