Schiming v. State

District Court of Appeal of Florida

Schiming v. State

534 So. 2d 1252, 14 Fla. L. Weekly 160, 1988 Fla. App. LEXIS 5638, 1988 WL 135844

District Court of Appeal of Florida·Decided December 22, 1988·No. No. 88-149·Published·Cited by 3 cases

Opinion

COBB, Judge.

At the close of the evidence, the defendant (Schiming) requested a jury charge on false imprisonment as a lesser included offense which was denied by the trial court. Schiming was ultimately found guilty of attempted first degree murder, sexual battery, kidnapping, armed robbery and possession of a weapon in the commission of a felony.

[1253]*1253Pursuant to State v. Sanborn, 533 So.2d 1169 (Fla.1988), the conviction for kidnapping is reversed and the cause remanded for a new trial on the kidnapping charge plus resentencing. In all other respects the decision of the trial court is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SHARP, C.J., and ORFINGER, J., concur.

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COBB, Judge.

At the close of the evidence, the defendant (Schiming) requested a jury charge on false imprisonment as a lesser included offense which was denied by the trial court. Schiming was ultimately found guilty of attempted first degree murder, sexual battery, kidnapping, armed robbery and possession of a weapon in the commission of a felony.

[1253]*1253Pursuant to State v. Sanborn, 533 So.2d 1169 (Fla.1988), the conviction for kidnapping is reversed and the cause remanded for a new trial on the kidnapping charge plus resentencing. In all other respects the decision of the trial court is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SHARP, C.J., and ORFINGER, J., concur.

Schiming v. State, 534 So. 2d 1252, 14 Fla. L. Weekly 160, 1988 Fla. App. LEXIS 5638, 1988 WL 135844 (Fla. Ct. App. 1988).

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Opinion

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