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541 So. 2d 1275

541 So.2d 1275

14 Fla.L.Weekly 774

Smith v. State

District Court of Appeal of Florida · decided 1989-03-28

Cited by 2 later decisions — most recently April 1996

1 state decisions

Relies on 426 So. 2d 963 - Faison v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-03-28

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THOMPSON, Judge.

¶1Smith and Martin appeal their convictions and sentences for kidnapping, burglary of a conveyance with assault, sexual battery, principal to a sexual battery, and battery. We affirm the judgments and sentences as modified.

¶2Smith and Martin contend that the evidence was legally insufficient to sustain a conviction of kidnapping and that the conviction of both burglary with an assault and the underlying battery violated their double jeopardy rights. There is ample evidence to sustain the convictions of kidnapping. They dragged the victim out of her car with extreme force to a nearby wooded area in order to lessen the chance of detection and facilitate the commission of the sexual battery. Faison v. State, 426 So.2d 963 (Fla.1983).

¶3*1276Appellants further contend that to convict and sentence them for both burglary with an assault and the underlying offense of simple battery violated their double jeopardy rights. We agree and strike the conviction and sentence of each appellant on the charge of battery.

¶4The judgments and sentences, as modified, are AFFIRMED.

WENTWORTH and WIGGINTON, JJ., concur.
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