ROBERT LLOYD MAGUIRE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lewis v. State, 50 So. 3d 86 (Fla. 4th DCA 2010)
  …ovement and confinement of the four occupants within the interior of the store were not significant.” Id. at 477. Further, a kidnapping charge cannot stand where the victim’s confinement ceases when the accompanying crime ends. In Russell v. State, 874 So. 2d 1256 (Fla. 4th DCA 2004), a clerk was standing outside of a convenience store when the defendant and an accomplice approached and pulled the clerk back inside the store by his shoulders. The clerk opened the safe and the cash drawer, and the defendant an…
• Oladotun Orukotan v. State, 85 So. 3d 542 (Fla. 4th DCA 2012)
  …3 (Fla. 4th DCA 1994), and Walker v. State, 604 So. 2d 475 (Fla.1992)). The second rule is: “[A] kidnapping charge cannot stand where the victim’s confinement ceases when the accompanying crime ends.” Lewis, 50 So. 3d at 88 (citing Russell v. State, 874 So. 2d 1256 (Fla. 4th DCA 2004), and Berry). This court then reversed the defendant’s kidnapping conviction based on the following reasoning: In the present case, the appellant ordered [the manager] into a different room of the store, the bathroom, so that the…

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• Hollis v. State (Fla. 4th DCA 2020)
  …, 2004. While Hollis’s appeal was pending before this court, his co-defendant challenged his own conviction for false imprisonment (like Hollis, the co- defendant was convicted for a lesser-included offense of kidnapping). In Russell v. State, 874 So. 2d 1256 (Fla. 4th DCA 2004), we reversed the co- defendant’s false imprisonment conviction, finding the trial court erred in denying the motion for judgment of acquittal on the kidnapping charge. Id. at 1259. This reversal opinion issued June 9, 2004.…

Authorities Cited

• G.J.M. v. State, 792 So. 2d 476 (Fla. 4th DCA 2000)
• Raford v. State, 792 So. 2d 476 (Fla. 4th DCA 2001)