Suarez v. State

RAMIREZ, J

(dissenting).

Rafael Suarez appeals his conviction and sentence for the false imprisonment of K.H. Because there is sufficient evidence to support a jury instruction on assault as a lesser included offense of kidnapping, I would reverse Suarez’s conviction and remand for a new trial.

The state charged Suarez with nine counts, including aggravated assault with a deadly weapon, and five counts of armed kidnapping. At trial, Suarez requested that the judge instruct the jury on the lesser offense of false imprisonment, aggravated assault, battery, and assault. The judge, instead,…