Kellar v. State

SMITH, Judge.

Appellant challenges his judgments of conviction for kidnapping and grand theft, and his departure sentence. We affirm in part and reverse in part.

First, appellant argues that his conviction for kidnapping should be reversed because the conduct constituting the kidnapping offense was incidental to the other offenses for which appellant was convicted, namely armed robbery, armed burglary, and grand theft, among others.1 In support of his argument, appellant cites Walker v. State, 604 So.2d 475 (Fla.1992), in which the supreme court found that a kidnapping offense was not committed…