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Pacitti v. State

District Court of Appeal of Florida, Third District
Feb 11, 1992
592 So. 2d 1272 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-757.

February 11, 1992.

An Appeal from the Circuit Court for Monroe County; J. Jefferson Overby, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and GERSTEN, JJ.


The defendant was convicted by a jury of sexual battery by use of slight force and kidnapping. He appeals the judgment insofar as it reflects a conviction for sexual battery with a deadly weapon, and appeals the kidnapping conviction. The State agrees that the judgment of conviction for sexual battery must be corrected to reflect the jury verdict. The conviction for kidnapping is affirmed on the authority of Faison v. State, 426 So.2d 963 (Fla. 1983) (asportation of rape victim by force to location which facilitated crime and reduced danger of detection constituted kidnapping).

The judgments and sentences are affirmed and the cause is remanded with instructions to correct the judgment in accordance with this opinion.


Summaries of

Pacitti v. State

District Court of Appeal of Florida, Third District
Feb 11, 1992
592 So. 2d 1272 (Fla. Dist. Ct. App. 1992)
Case details for

Pacitti v. State

Case Details

Full title:RICHARD PACITTI, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 11, 1992

Citations

592 So. 2d 1272 (Fla. Dist. Ct. App. 1992)