Hrindich v. State

FRANK D. UPCHURCH, Jr., Judge.

Appellant appeals from his convictions for attempted sexual battery and false imprisonment.

We affirm the judgment as to attempted sexual battery but reverse the judgment of conviction for false imprisonment.

In Faison v. State, 426 So.2d 963 (Fla.1983), the supreme court approved of the following test to determine whether the detention of a victim of a sexual battery also constitutes a separate crime of kidnapping: 1

[I]f a taking or confinement is alleged to have been done to facilitate the commission of another crime, to be kidnapping the resulting movement or…