HORACE LEE HANKERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1998-09-11
No. 98-87
W. SHARP and ANTOON, JJ., and ORFINGER, M., Sr. Judge, concur.
717 So. 2d 143 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The evidence was sufficient to convict the defendant on the charge of kidnapping where defendant locked the motel clerk in a back room prior to leaving the motel after committing the robbery. See Berry v. State, 668 So. 2d 967, 969 (Fla.1996); Pitts v. State, 710 So. 2d 62 (Fla. 3d DCA 1998).

AFFIRMED.

W. SHARP and ANTOON, JJ., and ORFINGER, M., Sr. Judge, concur.


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  • Elozar v. State, 825 So. 2d 490 (Fla. 5th DCA 2002)
    …when the robber leaves, does not constitute kidnapping. Berry, 668 So. 2d at 969. See also Formor v. State, 676 So. 2d 1013 (Fla. 5th DCA 1996)(no kidnapping where victims ordered onto floor, then into bathroom, at gunpoint). Cf. Hankerson v. State, 717 So. 2d 143 (Fla. 5th DCA 1998)(kidnapping conviction appropriate where victim was locked in back room). In the instant case the employees and customers were forced into an open safe, and were free to come out when the armed robbers left the premises. These fa…

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