Sciallo v. State

Full title: THOMAS SCIALLO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 25, 1994

636 So. 2d 759 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1025.

March 16, 1994. Order Denying Rehearing and Granting Clarification May 25, 1994.

Appeal from the Circuit Court for Broward County; Howard M. Zeidwig, Judge.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.

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.

PER CURIAM.

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.

GLICKSTEIN, Judge, concurring in part and dissenting in part.

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