Posey v. State

District Court of Appeal of Florida

Posey v. State

823 So. 2d 178, 2002 Fla. App. LEXIS 9702, 2002 WL 1477861

CourtDistrict Court of Appeal of Florida

DecidedJuly 11, 2002

DocketNo. 1D01-1443

StatusPublished

This text of 823 So. 2d 178 (Posey 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.

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Posey v. State, 823 So. 2d 178, 2002 Fla. App. LEXIS 9702, 2002 WL 1477861 (Fla. Ct. App. 2002).

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PER CURIAM.

We affirm David R. Posey’s conviction for robbery with a firearm but reverse his convictions for kidnapping and remand for resentencing. See Faison v. State, 426 So.2d 963, 965 (Fla.1983). Compare Berry v. State, 668 So.2d 967, 969 (Fla.1996) (“[TJhere can be no kidnapping where the only confinement involved is the sort that, though not necessary to the underlying felony, is likely to naturally accompany it. For example, ... if the robbers had moved the victims to a different room in the apartment, closed the door, and ordered them not to come out, the kidnapping conviction could not stand”), with Ferguson v. State, 533 So.2d 763, 764 (Fla.1988) (holding that asportation after the robbery was completed was punishable separately as kidnapping).

BENTON and VAN NORTWICK, JJ.,' CONCUR; BOOTH, J„ DISSENTS IN PART AND CONCURS IN PART WITH OPINION.

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PER CURIAM.

We affirm David R. Posey’s conviction for robbery with a firearm but reverse his convictions for kidnapping and remand for resentencing. See Faison v. State, 426 So.2d 963, 965 (Fla.1983). Compare Berry v. State, 668 So.2d 967, 969 (Fla.1996) (“[TJhere can be no kidnapping where the only confinement involved is the sort that, though not necessary to the underlying felony, is likely to naturally accompany it. For example, ... if the robbers had moved the victims to a different room in the apartment, closed the door, and ordered them not to come out, the kidnapping conviction could not stand”), with Ferguson v. State, 533 So.2d 763, 764 (Fla.1988) (holding that asportation after the robbery was completed was punishable separately as kidnapping).

BENTON and VAN NORTWICK, JJ.,' CONCUR; BOOTH, J„ DISSENTS IN PART AND CONCURS IN PART WITH OPINION.

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823 So. 2d 178, 2002 Fla. App. LEXIS 9702, 2002 WL 1477861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/posey-v-state-fladistctapp-2002.

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