JAMES ARTHUR LEE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-10-25

No. 3D99-1909

Before SCHWARTZ, C.J., and SHEVIN and RAMIREZ, JJ.

770 So. 2d 231 Florida District Court of Appeal, Third District (2000) Positive Treatment

Cited by 16 cases

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Holding

The court held that the evidence was sufficient to justify a conviction for kidnapping under the 'terrorizing' provision of the statute, but vacated the sentence as a violent career criminal.

Facts & Procedural History

The defendant was convicted of kidnapping. The victim was dragged by her throat for almost ten feet from one room to another during the defendant's at…

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Topics

Violent Career Criminal Sentencing Kidnapping

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Opinion of the Court

SCHWARTZ, Chief Judge.

We reject the appellant’s only claim of trial error on the holding that the evidence was sufficient to justify his conviction for kidnapping under the “terrorizing” provision of the statute, section 787.01(l)(a)3, Florida Statutes (1999).1 See Biggs v. State, 745 So. 2d 1051 (Fla. 3d DCA 1999); Waddell v. State, 696 So. 2d 1229 (Fla. 3d DCA 1997), review denied, 707 So. 2d 1128 (Fla.1998). Specifically, and contrary to Lee’s principal contention on this point, we conclude that the fact that the victim was dragged by her throat 'for almost ten feet from one room to another in the course of the defendant’s vicious attack upon her is sufficient to demonstrate the confinement, abduction or imprisonment required to establish any form of kidnapping. § 787.01(l)(a), Fla. Stat. (1999). See Faison v. State, 399 So. 2d 19, 20-21 n. 2 & 3 (Fla. 3d DCA 1981), approved, 426 So. 2d 963 (Fla.1983); State v. Davis, 668 So. 2d 323 (Fla. 3d DCA 1996); cf. Simpkins v. State, 395 So. 2d 625 (Fla. 1st DCA 1981). Accordingly, the convictions under review are affirmed.

As the parties agree, however, the defendant’s sentence as a violent career criminal is vacated in accordance with State v. Thompson, 750 So. 2d 643 (Fla.1999) and the cause remanded for re-sentencing.

Affirmed in part, vacated and remanded in part.

.787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances.—

(l)(a) The term "kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

1. Hold for ransom or. reward or as a shield or hostage.

2. Commit or facilitate commission of any felony.

3. Inflict bodily harm upon or to terrorize the victim or another person.

4. Interfere with the performance of any governmental or political function.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009)

…So. 2d 471, 473 (Fla. 1992) ("If necessary, the plain and ordinary meaning of the word can be ascertained by reference to a dictionary.”). . See, e.g., Johnson v. State, 969 So. 2d 938, 955-56 (Fla.2007); Lumarque, 990 So. 2d at 1242; Lee v. State, 770 So. 2d 231, 231-32 (Fla. 3d DCA 2000); Biggs, 745 So. 2d at 1052-53. . See, e.g., Boyd v. State, 910 So. 2d 167, 185 (Fla.2005); Evans v. State, 838 So. 2d 1090, 1096 (Fla.2002); Bedford, 589 So. 2d at 251. . See, e.g., Conahan v. State, 844 So. 2d 629, 636-…
Blackwell v. State, 842 So. 2d 281 (Fla. 3d DCA 2003)

…PER CURIAM. Affirmed. See Lee v. State, 770 So. 2d 231 (Fla. 3d DCA 2000); Perez v. State, 479 So. 2d 266 (Fla. 5th DCA 1985).…
State v. Lumarque, 990 So. 2d 1241 (Fla. 3d DCA 2008)

…State, 696 So. 2d 1229, 1229-30 (Fla. 3d DCA 1997). We find that there was sufficient evidence to withstand a motion to dismiss the charge of kidnapping with the intent to “[ijnflict bodily harm upon or to terrorize the victim.” See Lee v. State, 770 So. 2d 231 (Fla. 3d DCA 2000) (finding that dragging the victim by her throat from one room to another during the defendant’s attack upon her was sufficient to demonstrate the necessary confinement, abduction, or imprisonment required to establish any form of…

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