ROBERT LLOYD MAGUIRE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lewis v. State, 50 So. 3d 86 (Fla. 4th DCA 2010)
  …ovement and confinement of the four occupants within the interior of the store were not significant.” Id. at 477. Further, a kidnapping charge cannot stand where the victim’s confinement ceases when the accompanying crime ends. In Russell v. State, 874 So. 2d 1256 (Fla. 4th DCA 2004), a clerk was standing outside of a convenience store when the defendant and an accomplice approached and pulled the clerk back inside the store by his shoulders. The clerk opened the safe and the cash drawer, and the defendant an…
• Oladotun Orukotan v. State, 85 So. 3d 542 (Fla. 4th DCA 2012)
  …3 (Fla. 4th DCA 1994), and Walker v. State, 604 So. 2d 475 (Fla.1992)). The second rule is: “[A] kidnapping charge cannot stand where the victim’s confinement ceases when the accompanying crime ends.” Lewis, 50 So. 3d at 88 (citing Russell v. State, 874 So. 2d 1256 (Fla. 4th DCA 2004), and Berry). This court then reversed the defendant’s kidnapping conviction based on the following reasoning: In the present case, the appellant ordered [the manager] into a different room of the store, the bathroom, so that the…

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• Barian Keith Parrish, JR. v. State, 331 So. 3d 161 (Fla. 4th DCA 2021)
  …ictim who simply followed her mother into an unlocked room at the back of the store), Jackson v. State, 436 So. 2d 1101, 1102 (Fla. 4th DCA 1983) (where the victim simply crossed over the threshold of an open door at gunpoint), Russell v. State, 874 So. 2d 1256, 1257-58 (Fla. 4th DCA 2004) (where “[t]he masked men grabbed [the clerk] by his shoulders and pulled him inside the store to the safe” to facilitate the robbery by forcing the clerk to open “the safe, then the cash drawer” so the robbers could “…

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Authorities Cited

• G.J.M. v. State, 792 So. 2d 476 (Fla. 4th DCA 2000)
• Raford v. State, 792 So. 2d 476 (Fla. 4th DCA 2001)