State v. Waits

Supreme Court of Florida

Decided February 13, 2003

Supreme Court of Florida · decided 2003-02-13

Cited by 4 later decisions — most recently February 2015

4 state decisions

Relies on 426 So. 2d 963 - Faison v. State · 840 So. 2d 987 - State v. Smith · 795 So. 2d 237 - Waits v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-02-13

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PARIENTE, J.,

¶1dissenting.

¶2I dissent for the reasons expressed in my dissenting opinion in State v. Smith, 840 So.2d 987, 992 (Fla.2003). As I stated in Smith, the purpose of Faison v. State, 426 So.2d 963 (Fla.1983), is to ensure that the confinement crime is distinct from other criminal charges involving forcible felonies. In this case, the Fifth District concluded that “the five to ten minute fight in which Waits committed both a battery and a separate aggravated assault, did not involve a further confinement separate and apart from these two crimes.” Waits v. State, 795 So.2d 237, 239 (Fla. 5th DCA 2001). Treating this conduct as false imprisonment makes almost every forcible crime also a false imprisonment, contrary to the principle of Faison.

¶3ANSTEAD, C.J., and SHAW, Senior Justice, concur.