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549 So. 2d 789

549 So.2d 789

14 Fla.L.Weekly 2346

Jenkins v. State

District Court of Appeal of Florida

Decided October 5, 1989

District Court of Appeal of Florida · decided 1989-10-05

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

Decided 1989-10-05

COWART, Judge.

¶1We affirm the defendant’s convictions except as to the conviction of kidnapping with a weapon (§ 787.01, Fla.Stat.), which conviction is reversed because the confinement and movement involved in facts and circumstances occurring during the commission of the acts for which the defendant was convicted of six counts of sexual battery were, in our opinion, merely incidental to the sexual batteries, and therefore, do not meet the criteria for a kidnapping conviction as set forth in Faison v. State, 426 So.2d 963 (Fla.1983).

¶2We have determined that the elimination of the points on the guidelines scoresheet for the kidnapping charge does not affect the recommended guidelines sentence in this case and therefore we do not vacate the sentence nor remand for resentencing.

¶3AFFIRMED IN PART, REVERSED IN PART.

DAUKSCH and GOSHORN, JJ„ concur.
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