Opinion
No. 4D05-200.
November 22, 2006.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana Gardiner, Judge; L.T. Case No. 03-15742CF10B.
Benedict P. Kuehne and Susan Dmitrovsky of Sale Kuehne, P.A., Miami and Kendal Coffey of Coffey Wright, LLP, Miami, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
This case involves the third of three defendants charged with multiple crimes arising out of a home invasion robbery. This defendant raises many of the same issues raised by his co-defendants in their separate consolidated appeals and additionally raises issues specific to his case. This court resolved the common issues in Garzon v. State, 939 So.2d 278 (Fla. 4th DCA 2006). For the reasons expressed in Garzon, we reach the same result on the common issues. We find no merit in the additional issues raised in this appeal. We therefore affirm all convictions except for the defendant's conviction of armed kidnapping in Counts V and VI, which we reverse and remand for a new trial.
We also certify conflict with Davis v. State, 922 So.2d 279 (Fla. 1st DCA 2006), and Zeno v. State, 910 So.2d 394 (Fla. 2d with Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005). DCA 2005).
Affirmed in Part and Reversed in Part and Remanded.
POLEN and KLEIN, JJ., concur.