Daley v. State

District Court of Appeal of Florida

Daley v. State

641 So. 2d 963, 1994 Fla. App. LEXIS 8646, 1994 WL 479168

CourtDistrict Court of Appeal of Florida

DecidedSeptember 7, 1994

DocketNo. 94-537

StatusPublished

This text of 641 So. 2d 963 (Daley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daley v. State, 641 So. 2d 963, 1994 Fla. App. LEXIS 8646, 1994 WL 479168 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

Michael Wayne Daley appeals his convictions for conspiracy to traffic in cocaine while using a firearm and kidnapping while using a firearm.

We find no error in Daley’s conviction for conspiracy to traffic in cocaine and accordingly affirm the same.

As to Daley’s conviction for kidnapping, we find, as the State of Florida properly concedes, that the evidence abduced at trial supports only a conviction for attempted kidnapping while using a firearm. Duba v. State, 446 So.2d 1167 (Fla. 5th DCA 1984). We therefore reduce Daley’s conviction on this count and remand to the trial court for resentencing.

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PER CURIAM.

Michael Wayne Daley appeals his convictions for conspiracy to traffic in cocaine while using a firearm and kidnapping while using a firearm.

We find no error in Daley’s conviction for conspiracy to traffic in cocaine and accordingly affirm the same.

As to Daley’s conviction for kidnapping, we find, as the State of Florida properly concedes, that the evidence abduced at trial supports only a conviction for attempted kidnapping while using a firearm. Duba v. State, 446 So.2d 1167 (Fla. 5th DCA 1984). We therefore reduce Daley’s conviction on this count and remand to the trial court for resentencing.

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Bluebook (online)

641 So. 2d 963, 1994 Fla. App. LEXIS 8646, 1994 WL 479168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daley-v-state-fladistctapp-1994.

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