Florida District Courts of Appeal, 1988

Schiming v. State

Florida District Courts of Appeal · Decided December 22, 1988 · Cobb, Orfinger, Sharp

534 So. 2d 1252; 14 Fla. L. Weekly 160; 1988 Fla. App. LEXIS 5638; 1988 WL 135844 (Southern Reporter, Second Series)

Opinion of the Court

COBB, Judge.

At the close of the evidence, the defendant (Schiming) requested a jury charge on false imprisonment as a lesser included offense which was denied by the trial court. Schiming was ultimately found guilty of attempted first degree murder, sexual battery, kidnapping, armed robbery and possession of a weapon in the commission of a felony.

*1253Pursuant to State v. Sanborn, 533 So.2d 1169 (Fla. 1988), the conviction for kidnapping is reversed and the cause remanded for a new trial on the kidnapping charge plus resentencing. In all other respects the decision of the trial court is affirmed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SHARP, C.J., and ORFINGER, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.