Florida District Courts of Appeal, 1995

Morgan v. State

Morgan v. State
Florida District Courts of Appeal · Decided November 29, 1995 · Glickstein, Gunther, Stone
662 So. 2d 1392; 1995 Fla. App. LEXIS 12579; 1995 WL 700207 (Southern Reporter, Second Series)

Morgan v. State

Opinion of the Court

PER CURIAM.

Appellant, Sheldon Morgan, defendant below, appeals his conviction and sentence for two counts of armed robbery and two counts of armed kidnapping. We affirm both issues raised on appeal and, regarding Morgan’s kidnapping convictions, specifically rely on this court’s recent decision in Berry v. State, 652 So.2d 836 (Fla. 4th DCA 1994), rev. granted, 662 So.2d 341 (Fla. 1995).

AFFIRMED.

GUNTHER, C.J., and GLICKSTEIN, J„ concur. STONE, J., concurs specially with opinion.

Concurring Opinion

STONE, Judge,

concurring specially.

I concur specially to comment that although the circumstances here, in which the victims were tied up in the course of a robbery, are analogous to those in Berry, I do not rely on the statement in Berry, “if you tie ‘em up, you’ve kidnapped ‘em.” 652 So.2d at 838. Rather, I would note that, *1393here, there is ample evidence supporting a conclusion that tying up the victims was not slight or inconsequential, made the underlying crime substantially easier to commit, and substantially lessened the risk of detention by facilitating Appellant’s get-away. E.g., Ferguson v. State, 533 So.2d 763 (Fla. 1988).

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