State v. Waits

We have for review Waits v. State, 795 So.2d 237 (Fla. 5th DCA 2001), which expressly and directly conflicts with the decision in Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

The respondent was convicted by a jury of aggravated battery, aggravated assault, and false imprisonment. The district court reversed respondent’s conviction of false imprisonment because respondent’s confinement of the victim was incidental to the crimes of battery and aggravated assault and therefore did not meet the test announced by this Court in…