ALBERT CRITTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-07-19
No. 94-00733
PARKER, A.C.J., and ALTENBERND, J., concur.
659 So. 2d 399 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 6 cases
Topics
Kidnapping Speedy Trial Right

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Opinion of the Court
FULMER, Judge.

FULMER, Judge.

The defendant, Albert Critton, appeals his convictions for three counts of kidnapping. We affirm two of the convictions but reverse the conviction for the kidnapping of Lowell Johnson, Sr. As to that charge, the defendant was entitled to be discharged for violation of the speedy trial rule for the reasons explained in this court’s recent opinion in the appeal of Critton’s codefendant, Adams v. State, 659 So. 2d 396 (Fla. 2d DCA 1995).

We reverse the defendant’s conviction on the charge of kidnapping Lowell Johnson, Sr., and remand with directions that the conviction be vacated and the defendant be discharged on this count. Because the defendant’s sentencing scoresheet must be recalculated, we also remand for resentencing on the remaining two convictions which are affirmed.

Affirmed in part, reversed in part and remanded.

PARKER, A.C.J., and ALTENBERND, J., concur.

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Cited By

  • Adams v. State, 663 So. 2d 674 (Fla. 2d DCA 1995)
    …, the defendant was entitled to be discharged for violation of the speedy trial rule for the reasons explained in this court’s opinion in the appeal of Adams’ co-defendant, Adams v. State, 659 So. 2d 396 (Fla.2d DCA 1995). See also Critton v. State, 659 So. 2d 399 (Fla. 2d DCA 1995). We reverse the defendant’s conviction on the charge of kidnapping Lowell Johnson, Sr., and remand with directions that the conviction be vacated and the defendant be discharged on this count. Because the defendant’s sentencing…
  • Shepherd v. State, 932 So. 2d 335 (Fla. 2d DCA 2006)
    …count one), robbery (count two), grand theft of a motor vehicle (count four), arson (count five), grand theft (count six), and dealing in stolen property (count seven). On direct appeal, the conviction for grand theft was vacated. Shepherd v. State, 659 So. 2d 399 (Fla. 2d DCA 1995). Pursuant to a series of motions for post-conviction relief, Shepherd was ultimately resentenced as a habitual felony offender (HFO), on November 20, 1998, for counts one, two, four, five, and seven. It appears from the portions o…
  • Shepherd v. State, 998 So. 2d 1164 (Fla. 2d DCA 2008)
    …quittal on the charge of kidnapping. On direct appeal, we affirmed the judgments and sentences except for the judgment and sentence for grand theft, which was impermissible since it involved the same property that had been pawned. Shepherd v. State, 659 So. 2d 399 (Fla. 2d DCA 1995). The trial court originally imposed a life sentence with the possibility of parole after twenty-five years for the murder because it was a capital felony. This sentence was followed by five consecutive terms of imprisonment as a…

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