Somers v. State

Kenneth Somers appeals following his convictions for kidnapping with intent to inflict bodily harm or terrorize, attempted second-degree murder, and aggravated battery with a deadly weapon. Somers claims that the trial court erred by failing to grant a judgment of acquittal, denying a motion for mistrial, and imposing a vindictive sentence. We find error only in the sentence.

First, citing Mobley v. State, 409 So.2d 1031 (Fla.1982), Somers argues that the State failed to establish that the confinement element of the kidnapping charge was not merely incidental to the other crimes charged.…