THOMAS MONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Antagonistic Defenses cases and more on FLexlaw
PER CURIAM.
Affirmed.
DELL and WALDEN, JJ., concur.
ANSTEAD, J., specially concurs with opinion.
ANSTEAD, Judge,
specially concurring.
I agree that appellant’s conviction should be affirmed although his appeal has presented some troubling issues that have been well briefed on both sides.
I concur with the majority’s resolution of all the issues and comment on just a few. Initially, I agree that the evidence was sufficient to sustain a conviction for kidnapping because it reflects that, even though appellant did not participate in the initial seizure of the victim, he did join with his codefendants in confining the victim against his will. I find no error in the trial court’s refusal to grant appellant’s motion for severance predicated on Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) and a claim of “antagonistic” defenses among the defendants. I see no genuine Bruton problem and believe the trial court properly exercised the discretion granted it under McCray v. State, 416 So. 2d 804 (Fla.1982) to try all three alleged kidnappers together in the same trial. I also believe the evidence of the drug activities that resulted in the kidnapping was properly admitted to reveal the context in which this crime took place. Cf. Williams v. State, 110 So. 2d 654 (Fla.1959).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Huhn v. State, 511 So. 2d 583 (Fla. 4th DCA 1987)…the errors by the prosecutor and the trial court were not harmless. In the opinion we shall refer to appellant’s codefendants in Biscardi v. State, 511 So. 2d 575 (Fla. 4th DCA 1987), a decision issued today, and in Mones v. State, a PCA reported in 485 So. 2d 9 (Fla. 4th DCA 1986). The record reflects a bizarre scenario. A 911 call was received by the Broward County Sheriff’s Department Communications Division at approximately 3:15 a.m. on February 5, 1984. The caller reported that he was going to be kill…
-
Cyrus Biscardi v. State, 511 So. 2d 575 (Fla. 4th DCA 1987)…apping and simple assault, arising out of the same incidents which are the subject of our decision being issued simultaneously in Huhn v. State, 511 So. 2d 583 (Fla.App.1987), and with the PCA issued by another panel of this court in Mones v. State, 485 So. 2d 9 (Fla. 4th DCA 1986). Prior to trial and again during trial, Bis-cardi unsuccessfully sought severance of his trial from those of the codefendants, Huhn and Mones. In Biscardi’s pretrial motion for severance, he summarized the facts which he believ…
Authorities Cited
- Bruton v. United States, 391 U.S. 123 (U.S. 1968)
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Ervin McCRAY v. State, 416 So. 2d 804 (Fla. 1982)