IN THE INTEREST OF T. L. T., A CHILD
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The court reversed a juvenile adjudication for false imprisonment and kidnapping under Fla. Stat. § 805.01 because the evidence was insufficient to support the charge, as demonstrated by the trial court's own finding that only assault—a lesser included offense—was proven.
Evidence is insufficient to support a conviction for false imprisonment and kidnapping when the trial court itself finds only assault is proven.
[1] When a trial court finds only a lesser included offense is supported by evidence, the insufficiency of evidence to support the greater charge is demonstrated, warranting…
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Join FLexlaw to unlock all legal intelligenceAppellant was charged with false imprisonment and kidnapping under Fla. Stat. § 805.01 and use of a firearm in commission of a felony under § 790.07(2…
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PER CURIAM.
Appellant was charged in a juvenile proceeding, with a violation of Sec. 805.01, F. S., false imprisonment and kidnapping, and a violation of Sec. 790.07(2), use of a firearm in the commission of a felony. The latter charge was dismissed and appellant was found guilty of the offense of assault, as a lesser included offense of the crime of false imprisonment and kidnapping. Subsequently, appellant filed a motion in arrest of judgment contending that assault was not a lesser included offense. Although the trial court granted the motion, the court found that appellant violated the false imprisonment and kidnapping statute and withheld adjudication. Upon review of the record we are of the opinion that the evidence is insufficient to support a violation of Sec. 805.01; the court’s determination that the facts supported an assault (although a well intentioned, but erroneous determination) clearly demonstrates the insufficiency of the evidence to support the crime as charged. Accordingly, the order finding defendant violated sec. 805.01, F.S., is reversed and the cause remanded with directions that the defendant be discharged with notification to the appropriate parties.
Reversed and remanded.
CROSS, MAGER and DOWNEY, JJ., concur.
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Mills v. State, 407 So. 2d 218 (Fla. 3d DCA 1981)…y the Trial Courts of the Standard Jury Instructions in Criminal Cases (Fla.1981) (Case Nos. 57,734 and 58,799). But see Yuanis v. State, 347 So. 2d 448 (Fla.3d DCA 1977); Swyers v. State, 334 So. 2d 278 (Fla.3d DCA 1976); In the Interest of T.L.T., 324 So. 2d 200 (Fla.4th DCA 1975) (affirming convictions for both false imprisonment and kidnapping without comment). Mills makes no contention that false imprisonment is not such an included offense and, indeed, requests the reduction. . The indictment charges f…