Christopher Williams v. State of Florida
Christopher Williams v. State of Florida
Opinion of the Court
AFFIRMED.
Concurring Opinion
concurring.
Defendant brutally beat, stabbed multiple times, and sexually battered the victim in her bedroom, locking the door behind him as he moved her inward before his savagery began; Convicted of sexual battery, attempted first-degree murder, aggravated battery, and kidnapping while armed with a weapon, he claims the kidnapping count fails under our decision in Miller v. State, 124 So.3d 395 (Fla. 1st DCA 2013), because the confinement of his victim was incidental to the other charges. Miller cannot, and should not, be read so broadly.
Kidnapping, as charged in this case, means “forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority with intent to ... [i]nflict bodily harm upon or to terrorize the victim or another person.” § 787.01(l)(a)3, Fla. Stat. (2014). Defendant’s captivity of the victim readily falls within this statute’s proscription. But he says that the confinement of the victim to her room was no longer than necessary to have committed the other felonies, attempted murder, sexual battery, and aggravated battery, making it incidental and non-actionable.
Miller does not advance defendant’s argument because the only act of confinement in that case was “placing a pillow over the victim’s face,” which was deemed to be an incidental act that occurred simultaneously with the sexual battery that occurred. Miller, 124 So.3d at 398 (it “lasted no longer than commission of the other crime”). Here, the defendant went well beyond what Miller deemed insufficient.
. See also Mackerley v. State, 754 So.2d 132, 137 (Fla. 4th DCA 2000) (placing victim in a headlock to shoot him is incidental confinement), quashed on other grounds, 777 So.2d 969 (Fla. 2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.