Scott v. State

I would reverse. From the appeal of the original conviction and sentence, we are apprised that petitioner was convicted of both burglary with a battery and false imprisonment. In brief, the facts show that the petitioner pushed the victim inside a house, told her not to scream, and demanded money. He held onto the victim as he looked for money, and unsuccessfully tried to tie a garment around her mouth. While his attention was on some drawers, the victim escaped. His main defense at trial was misidentification. On appeal we affirmed his conviction and sentence. See Scott v. State, 692 So.2d…