Florida District Courts of Appeal, 1994

Sciallo v. State

Florida District Courts of Appeal · Decided March 16, 1994 · Farmer, Glickstein, Pariente

636 So. 2d 759; 1994 Fla. App. LEXIS 2300; 1994 WL 81801 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We affirm except for the conviction and sentence for kidnapping. In our view, the evidence fails to meet all of the requirements of Faison v. State, 426 So.2d 963 (Fla. 1983). We reverse that conviction and remand with direction to enter judgment for acquittal on that charge.

FARMER and PARIENTE, JJ., concur. GLICKSTEIN, J., concurs in part and dissents in part with opinion.

Concurring in Part

GLICKSTEIN, Judge,

concurring in part and dissenting in part.

I agree with the majority but would also affirm the conviction and sentence for kidnapping.

070rehearing

ON MOTIONS FOR REHEARING AND CLARIFICATION

PER CURIAM.

We deny appellee’s motion for rehearing, but grant appellant’s motion for clarification so that the opinion and dissent refer to the conviction and sentence of false imprisonment, not kidnapping.

GLICKSTEIN, FARMER and PARIENTE, JJ., concur.

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