Legal Opinion

State v. Davis

District Court of Appeal of Florida

Decided February 21, 1996No. 95-2130PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Chief Judge.

The state appeals from an order granting the defendant’s “(c)(4)” motion to dismiss a count of an information charging kidnapping under section 787.01(l)(a)21, Florida Statutes (1993), by confining the five-year-old victim to facilitate the commission of a robbery.2 We reverse because, contrary to the decision below, the showing that the defendant took the child from an at least semi-public waiting room to a private examining room of a doctor’s office, where she took jewelry from the child, may be found to have constituted an imprisonment (by definition, against the will…

2Cases cited7 opinions

  1. Faison v. StateSupreme Court of Florida · 1983
  2. Black v. StateDistrict Court of Appeal of Florida · 1993
  3. LaFleur v. StateDistrict Court of Appeal of Florida · 1995
  4. Faison v. StateDistrict Court of Appeal of Florida · 1981
  5. Gay v. StateDistrict Court of Appeal of Florida · 1992

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3Cited by1 opinion

  1. Lee v. StateDistrict Court of Appeal of Florida · 2000

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