Schiming v. State

District Court of Appeal of Florida

Decided December 22, 1988

District Court of Appeal of Florida · decided 1988-12-22

Key passage — most relied on by later courts

“Pursuant to State v. Sanborn, 533 So.2d 1169 (Fla.1988), the conviction for kidnapping is reversed and the cause remanded for a new trial on the kidnapping charge plus resentencing. In all other respects, the decision of the trial court is affirmed.”

quoted by 1 later decision, including Schiming v. State

Relies on 533 So. 2d 1169 - State v. Sanborn

Good law ✅— No negative treatment on recordhow we know

Decided 1988-12-22

How this case has been cited

Cited by 4 later decisions — most recently October 2018

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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COBB, Judge.

¶1At the close of the evidence, the defendant (Schiming) requested a jury charge on false imprisonment as a lesser included offense which was denied by the trial court. Schiming was ultimately found guilty of attempted first degree murder, sexual battery, kidnapping, armed robbery and possession of a weapon in the commission of a felony.

¶2 *1253Pursuant to State v. Sanborn, 533 So.2d 1169 (Fla.1988), the conviction for kidnapping is reversed and the cause remanded for a new trial on the kidnapping charge plus resentencing. In all other respects the decision of the trial court is affirmed.

¶3AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SHARP, C.J., and ORFINGER, J., concur.