KARY JOSEPH RUSSELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kary Joseph Russell was convicted of two counts of first degree murder, aggravated assault with a firearm, armed burglary of a dwelling, and kidnapping with intent to commit a felony (tampering with evidence). We reverse Russell’s kidnapping conviction, but otherwise affirm.
Although the evidence was sufficient to establish false imprisonment, we conclude that competent, substantial evidence did not exist to support the jury verdict for kidnapping with intent to tamper with evidence. On remand, pursuant to section 924.34, Florida Statutes (2009),1 the trial court is directed to enter judgment for false imprisonment, and to resentence Russell accordingly. Crain v. State, 894 So.2d 59, 76 (Fla.2004).
AFFIRMED, in part; REVERSED, in part; and REMANDED.
ORFINGER, C.J., EVANDER and JACOBUS, JJ., concur.