Public-domain · open source
OpenJurist

662 So. 2d 1392

Morgan v. State

District Court of Appeal of Florida

Decided November 29, 1995

District Court of Appeal of Florida · decided 1995-11-29

Relies on 662 So. 2d 339 - Vann v. Department of Corrections · 533 So. 2d 763 - Ferguson v. State · Berry v. State

Decided 1995-11-29

PER CURIAM.

¶1Appellant, Sheldon Morgan, defendant below, appeals his conviction and sentence for two counts of armed robbery and two counts of armed kidnapping. We affirm both issues raised on appeal and, regarding Morgan’s kidnapping convictions, specifically rely on this court’s recent decision in Berry v. State, 652 So.2d 836 (Fla. 4th DCA 1994), rev. granted, 662 So.2d 341 (Fla.1995).

¶2AFFIRMED.

GUNTHER, C.J., and GLICKSTEIN, J„ concur.STONE, J., concurs specially with opinion.
STONE, Judge,

¶3concurring specially.

¶4I concur specially to comment that although the circumstances here, in which the victims were tied up in the course of a robbery, are analogous to those in Berry, I do not rely on the statement in Berry, “if you tie ‘em up, you’ve kidnapped ‘em.” 652 So.2d at 838. Rather, I would note that, *1393here, there is ample evidence supporting a conclusion that tying up the victims was not slight or inconsequential, made the underlying crime substantially easier to commit, and substantially lessened the risk of detention by facilitating Appellant’s get-away. E.g., Ferguson v. State, 533 So.2d 763 (Fla.1988).

/662/so2d/1392 · .json · Public domain