Brown v. State

COWART, Judge.

The defendant was convicted of sexual battery (§ 794.011(2), Fla.Stat.) and kidnapping (§ 787.01, Fla.Stat.) and claims on appeal that the facts supporting the kidnapping charge were but confinement necessary and incidental to the sexual battery offense. We have examined the facts against the criteria in Faison v. State, 426 So.2d 963 (Fla.1983) and have determined that the kidnapping charge is sustainable even though the sexual battery occurred *565during the victim’s confinement. See, Lamarca v. State, 515 So.2d 309 (Fla. 3d DCA 1987) and see also, Jenkins v. State, 549 So.2d 789…