SEAN CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2013-04-03
No. 4D10-91
POLEN and LEVINE, JJ., concur.
110 So. 3d 967 Florida District Court of Appeal, Fourth District (2013)

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Holding

The court held that the evidence presented at trial did not support a conviction for kidnapping, mirroring a prior decision involving the same facts and co-defendant. The court affirmed convictions and sentences for other charges.


Facts & Procedural History

Sean Campbell and an accomplice were tried for armed burglary, armed kidnapping, armed robbery, and aggravated battery during a home invasion. The fac…

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Opinion of the Court
DAMOORGIAN, J.

DAMOORGIAN, J.

Sean Campbell appeals his conviction and sentence for one count of armed burglary with a firearm, one count of armed kidnapping with a firearm, three counts of armed robbery with a-firearm, and one count of aggravated battery. Campbell raised several issues on appeal.1 We find only one issue of merit, and reverse his conviction and sentence for kidnapping. We affirm on all other issues.

By way of background, Campbell and an accomplice were charged and tried as co-defendants for their respective roles in a home invasion robbery. The facts of this crime and underlying trial are outlined in our decision concerning the accomplice’s conviction and sentence. Orukotan v. State, 85 So.3d 542 (Fla. 4th DCA 2012). There, we reversed the accomplice’s conviction and sentence for kidnapping on the grounds that the evidence as proven at trial did not support a conviction for kidnapping. Id. at 547. Because Orukotan dealt with the exact same facts and crime, we reverse Campbell’s conviction and sentence for kidnapping as well.

Reversed in Part and Affirmed in Part.

POLEN and LEVINE, JJ., concur.


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