Nutter v. State

DAUKSCH, Judge.

This is an appeal from a burglary conviction and a false imprisonment conviction. The evidence is that appellant entered a home as a burglar and before leaving, probably to facilitate his escape, he bound his victim with duct tape. For the binding he was convicted of false imprisonment. The standard jury instructions regarding this crime are as follows.

FALSE IMPRISONMENT

F.S. 787.02

Before you can find the defendant guilty of False Imprisonment, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) [forcibly] [secretly] [by threat]

[confined]

*1246[ab…