Legal Opinion

Perry v. State

District Court of Appeal of Florida

Decided March 22, 2011No. 1D09-3118PublishedCited by 2 opinions

1Opinion of the CourtWetherell, J.

Appellant seeks review of his conviction and resulting life sentence for kidnapping. Appellant argues that the trial court erred in denying his motion for judgment of acquittal because the state failed to establish a prima facie case of kidnapping. We affirm for the reasons that follow.

On September 22, 2008, Appellant and the victim were at a friend’s house playing cards and drinking. Appellant and the victim were “picking at each other,” but according to the witnesses, everyone was laughing and no one was angry until Appellant got up from the table and commenced a seemingly unprovoked attack…

2Cases cited15 opinions

  1. Faison v. StateSupreme Court of Florida · 1983
  2. Jones v. StateDistrict Court of Appeal of Florida · 2001
  3. Harkins v. StateDistrict Court of Appeal of Florida · 1980
  4. Bedford v. StateSupreme Court of Florida · 1991
  5. Sutton v. StateDistrict Court of Appeal of Florida · 2003

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3Cited by2 opinions

  1. Rodriguez v. StateDistrict Court of Appeal of Florida · 2014
  2. Miller v. StateDistrict Court of Appeal of Florida · 2013

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