VICTOR JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTOR JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
134 So. 3d 535
Florida District Court of Appeal, Fifth District (2014)
Positive Treatment
Cited by 1 case
Opinion of the Court
Appellant, Victor Jones [“Jones”], appeals his convictions for kidnapping with intent to commit bodily harm or terrorize and false imprisonment. On appeal, Jones argues for the first time that the dual convictions violate double jeopardy. Under the facts of this case, we agree that the act of restraining the victim during the attack was part of the same criminal episode out of which the kidnapping charge and conviction arose. Accordingly, we vacate the conviction and sentence for false imprisonment. See Fleming v. State, 75 So.3d 397 (Fla. 5th DCA 2011).
AFFIRMED in part, as to kidnapping charge; REVERSED and REMANDED to vacate false imprisonment charge.
PALMER and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
J.A.B. v. State, 148 So. 3d 151 (Fla. 5th DCA 2014)…vidence); Bennett v. State, 944 So. 2d 524, 526 (Fla. 4th DCA 2006) (“A victim’s testimony, without documentation, is not enough to support an award of restitution.”). Accordingly, we reverse the award and remand for a new hearing. Horahan v. State, 134 So. 3d 535, 535 (Fla. 5th DCA 2014) (reversing and remanding award for restitution that lacked support of competent, substantial evidence); Johnson v. State, 856 So. 2d 1085, 1087 (Fla. 5th DCA [*152] 2003) (reversing and remanding restitution awarded based so…
Authorities Cited
- Issac Nicholas Ray Fleming v. State, 75 So. 3d 397 (Fla. 5th DCA 2011)