Opinion
No. 88-149.
December 22, 1988.
Appeal from the Circuit Court for Orange County; Rom W. Powell, Judge.
James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.
At the close of the evidence, the defendant (Schiming) requested a jury charge on false imprisonment as a lesser included offense which was denied by the trial court. Schiming was ultimately found guilty of attempted first degree murder, sexual battery, kidnapping, armed robbery and possession of a weapon in the commission of a felony.
Pursuant to State v. Sanborn, 533 So.2d 1169 (Fla. 1988), the conviction for kidnapping is reversed and the cause remanded for a new trial on the kidnapping charge plus resentencing. In all other respects the decision of the trial court is affirmed.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
SHARP, C.J., and ORFINGER, J., concur.