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Critton v. State

District Court of Appeal of Florida, Second District
Jul 19, 1995
659 So. 2d 399 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-00733.

July 19, 1995.

Appeal from the Circuit Court for Pinellas County; W. Douglas Baird, Judge.

James Marion Moorman, Public Defender, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Klawikofsky, Asst. Atty. Gen., Tampa, for appellee.


The defendant, Albert Critton, appeals his convictions for three counts of kidnapping. We affirm two of the convictions but reverse the conviction for the kidnapping of Lowell Johnson, Sr. As to that charge, the defendant was entitled to be discharged for violation of the speedy trial rule for the reasons explained in this court's recent opinion in the appeal of Critton's codefendant, Adams v. State, 659 So.2d 396 (Fla. 2d DCA 1995).

We reverse the defendant's conviction on the charge of kidnapping Lowell Johnson, Sr., and remand with directions that the conviction be vacated and the defendant be discharged on this count. Because the defendant's sentencing scoresheet must be recalculated, we also remand for resentencing on the remaining two convictions which are affirmed.

Affirmed in part, reversed in part and remanded.

PARKER, A.C.J., and ALTENBERND, J., concur.


Summaries of

Critton v. State

District Court of Appeal of Florida, Second District
Jul 19, 1995
659 So. 2d 399 (Fla. Dist. Ct. App. 1995)
Case details for

Critton v. State

Case Details

Full title:ALBERT CRITTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 19, 1995

Citations

659 So. 2d 399 (Fla. Dist. Ct. App. 1995)

Citing Cases

Williams v. State

We affirm three of the convictions but reverse the conviction for the kidnapping of Lowell Johnson, Sr. As to…

Adams v. State

We affirm three of the convictions but reverse the conviction for the kidnapping of Lowell Johnson, Sr. As to…