DENIS SEAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Denis Sean was convicted of residential burglary with battery and attempted kidnapping. The appellate court affirmed his convictions but remanded for resentencing because the 1995 sentencing guidelines used at sentencing were subsequently declared unconstitutional.
The court affirmed Sean's convictions for residential burglary with battery and attempted kidnapping, finding competent and substantial evidence supported the jury verdict. However, the court remanded for resentencing because the 1995 sentencing guidelines were subsequently declared unconstitutional and Sean's offenses fell within the applicable window period for reconsideration.
[1] Evidence of taking a sleeping child from their bed in the middle of the night is sufficient to support a conviction for attempted kidnapping.
[2] A conviction for attempted kidnapping requires proof of one of the four specific intent elements outlined in the statute.
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Join FLexlaw to unlock all legal intelligence“The evidence that Sean took a young, sleeping child from his own bed in the middle of the night supports the verdict of guilt.”
Court's rationale for affirming the conviction for attempted kidnapping, finding sufficient evidence despite defendant's intoxication defense.
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Join FLexlaw to unlock all legal intelligenceSean took a young, sleeping child from his own bed in the middle of the night on October 27, 1995. Sean presented evidence of substantial intoxication…
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BLUE, Acting Chief Judge.
Denis Sean appeals his judgments and sentences for residential burglary with a battery and attempted kidnapping. He presents two issues arising from the trial and one from the sentencing hearing. We affirm the convictions; however, we remand for resentencing. Sean contends that there was insufficient evidence to support the conviction for attempted kidnapping and objects to the standard jury instruction regarding stealthy entry. Although we affirm as to both of these contentions relating to Sean’s conviction, we feel the sufficiency of the evidence issue merits discussion.
Kidnapping differs from false imprisonment by requiring proof by the State of one of four intent elements.1 The information in this case charged Sean with kidnapping with the intent to “inflict bodily harm upon or terrorize the victim or another person,” in violation of section 787.01(1)(a)(3), Florida Statutes (1995). Although this section is taken directly from the Model Penal Code, there are few reported cases involving this section. We appreciate and share Sean’s concern that this portion of the statute and the lack of case law fails to provide a standard for the State to prove “intent to inflict terror.” It would appear that the question of intent is left to the collective wisdom of the jury.
However, under the facts in this case, we have no problem affirming Sean’s conviction. The evidence that Sean took a young, sleeping child from his own bed in the middle of the night supports the verdict of guilt. Although there was substantial evidence as to Sean’s intoxication, the jury rejected this defense. We are unable to say that there was not competent, substantial evidence to support the jury’s conviction.
We agree with the contention that Sean’s sentences need to be remanded. The offenses were committed on October 27, 1995, and Sean’s sentences were imposed pursuant to the 1995 sentencing guidelines. The Florida Supreme Court recently held the 1995 sentencing guidelines unconstitutional as a violation of the single subject provision of article III, section 6, of the Florida Constitution. See Heggs v. State, 759 So. 2d 620 (Fla.2000). Because Sean committed the offenses within the applicable window period, he is entitled to reconsideration of his sentences. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
Accordingly, we affirm Sean’s convictions and remand for reconsideration of his sentences.
SALCINES and DAVIS, JJ., Concur. .Section 787.01, Florida Statutes (1995), provides, in part:
(l)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to:
1. Hold for ransom or reward or as a shield or hostage.
2. Commit or facilitate commission of any felony.
3. Inflict bodily harm upon or to terrorize the victim or another person.
4. Interfere with the performance of any governmental or political function.
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Crain v. State, 894 So. 2d 59 (Fla. 2004)…bled while confined; and (3) the scratch and gouge marks on Crain’s arms indicate that a struggle occurred between Crain and Amanda. See Majority op. at 64. The support for the majority decision comes from a Second District decision, Sean v. State, 775 So. 2d 343 (Fla. 2d DCA 2000). The conclusion that Crain’s act of removing Amanda from her mother’s bed in the middle of the night supports an inference of guilt has some limited support in the record. As noted, the majority begins with the presumption that C…1 / 2
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Galavis v. State, 28 So. 3d 176 (Fla. 4th DCA 2010)…rect evidence supported the act of attempted kidnapping in that Galavis grabbed the child in the mother’s presence and attempted to leave with her. Kidnapping also requires proof of one of four specific enumerated intent elements. See Sean v. State, 775 So. 2d 343, 344 (Fla. 2d DCA 2000); see also Keller v. State, 586 So. 2d 1258, 1262 n. 8 (Fla. 5th DCA 1991), abrogated on other grounds by State v. Smith, 840 So. 2d 987 (Fla.2003). The theory of attempted kidnapping relied upon by the state in this case was…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)