final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Nineteenth Judicial Circuit,
St. Lucie County; James W. McCann, Judge; L.T. Case No.
Haughwout, Public Defender, and Tom Wm. Odom, Assistant
Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Matthew Steven
Ocksrider, Assistant Attorney General, West Palm Beach, for
Ernest Glover was convicted of numerous offenses after a jury
trial. At issue in this appeal are his two convictions for
kidnapping. Glover argues that his actions did not constitute
kidnapping because the movement of his victims was slight and
inconsequential and did not assist the commission of another
crime. We disagree and affirm.
night, a group of five young men and two young women met at a
neighborhood park. On their way into the park, the two women
passed Glover, who was walking in the opposite direction.
They headed to a table in the back of the park and met up
with the rest of the group. Later, as the victims were about
to leave the park, Glover approached them, produced what
appeared to be a handgun, and announced that they were
"all gonna die tonight." Glover ordered all of the
victims on the ground and took personal items from three of
the victims, including a cell phone and a wallet.
Glover-wielding the gun-ordered the two women to get up from
the ground and completely disrobe. The women started to
comply and Glover then "brought [them to] these trees
and separated [them]." One of the women disrobed
completely. Glover then placed a gun to the back of her head
and proceeded to rape her. He began to move her toward a
picnic table. While this was happening, the five men remained
face down on the ground and could make out some of what was
happening, although their view was partially obstructed by
"a fairly big tree."
continued to threaten all of the victims that they were going
to die. Meanwhile, the second woman, who had only partially
disrobed, shouted, "Run, " and the group scattered
and fled. The woman who had been raped also fled, leaving her
clothing behind. Glover proceeded to chase down the second
woman but she was able to escape after Glover removed her
jury trial, Glover was convicted of numerous offenses,
including attempted robbery, robbery, attempted sexual
battery, sexual battery, aggravated battery, and kidnapping.
On appeal, Glover challenges only the kidnapping convictions.
He contends the state failed to prove that his movement of
the women was any more than slight, inconsequential, and
merely incidental to the sexual battery and attempted sexual
battery, and that the trial court should have granted his
motion for judgment of acquittal. We disagree.
review the trial court's denial of Glover's motion
for a judgment of acquittal de novo. See Pagan v.
State, 830 So.2d 792, 803 (Fla. 2002). "Generally,
an appellate court will not reverse a conviction which is
supported by competent, substantial evidence."
Id. "If, after viewing the evidence in the
light most favorable to the State, a rational trier of
fact could find the existence of the elements of the crime
beyond a reasonable doubt, sufficient evidence exists to
sustain a conviction." Id. (emphasis added).
787.01(1)(a)2., Florida Statutes (2014), defines kidnapping
as "forcibly, secretly, or by threat confining,
abducting, or imprisoning another person against her or his
will and without lawful authority, with intent to . . . .
[c]ommit or facilitate commission of any felony." The
Florida Supreme Court "has recognized that the
statute's literal interpretation would result in a
kidnapping conviction for any criminal transaction which
inherently involves the unlawful confinement of another
person, such as robbery or sexual battery." Delgado
v. State, 71 So.3d 54, 59-60 (Fla. 2011) (citation and
internal quotation marks omitted). Therefore, in Faison
v. State, 426 So.2d 963, 965-66 (Fla. 1983), the Florida
Supreme Court, "adopted a three-part test" "in
an effort to limit the scope of that particular subsection so
as 'to prevent any crime that involves some level of
confinement or detention from also constituting a
kidnapping[.]'" Delgado, 71 So.3d at 60
(quoting Lynch v. State, 2 So.3d 47, 62 (Fla.
supreme court has since elaborated on the Faison
Faison provided the framework for analyzing the
facts of a case to determine whether a defendant's
conduct amounts to a confinement crime under section
787.01(1)(a)2. distinct from other criminal charges ...