final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Monroe County, Lower
Tribunal No. 14-53-P, William R. Ptomey, Jr., Judge.
J. Martinez, Public Defender, and Stephen J. Weinbaum,
Assistant Public Defender, for appellant.
Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for appellee.
SALTER, EMAS and FERNANDEZ, JJ.
Charles Lindemuth appeals the trial court's conviction
and sentence. We affirm, as the trial court did not err in
its use of the definition of the word "entice" in
its jury instruction on the charge of interfering with the
custody of a minor, pursuant to section 787.03(1), Florida
was arrested and charged by Information with one count of
interfering with the custody of a minor. The case went to a
trial, the victim, Joshua Gregis, told the jury what happened
on the day of the crime, which occurred when Gregis was
fourteen-years-old. On the afternoon in question, Gregis rode
the bus home from school in the afternoon and arrived about
2:40 p.m. or 2:50 p.m. He was planning on going to his
friend's house to do homework. Gregis informed his mother
of his plans and then left on his bicycle.
was riding, Gregis noticed Lindemuth's car and felt
worried because he did not know Lindemuth. Gregis had his
cell phone in his hand. Lindemuth was in his car, following
behind Gregis, when he drove up right next to Gregis and
asked to use his phone. Lindemuth spoke to Gregis through the
passenger side of the vehicle. Gregis said no.
continued to follow Gregis, even as Gregis turned onto the
street toward his friend's house. Gregis then moved his
bicycle into the left-hand lane to allow Lindemuth's car
to pass, but Lindemuth came up alongside Gregis and veered
the car to get closer to Gregis. The vehicle crossed the
yellow line dividing the lanes of the road. Gregis was on the
edge of the lane, as far over as he could be without entering
someone's front yard. Gregis got off his bicycle and
stopped. Lindemuth approached and again asked to use
Gregis's phone. Gregis said no. Lindemuth then showed
Gregis a bunch of money/cash, told him he could hold the cash
while Lindemuth used the phone, and told Gregis he was not
going to steal his phone. Gregis again said no, and Lindemuth
told him, "You can get in and hold the money."
Lindemuth said he was not going to steal Gregis's phone
and that he just needed to call a buddy of his. Lindemuth
appeared upset and then sped away in his vehicle. Gregis
arrived at his friend's house and told his friend's
mother what had happened. She said the police should be
father, Anthony Gregis, testified at trial that the family
gave no one standing authority to take custody of their child
during the afternoons after school. He stated that when he
arrived home after work, he saw his son getting out of a
police car, and Gregis informed him of the incident with
Lindemuth. Gregis's mother, Angela Gregis, testified that
she gave her son permission to go to his friend's house
after school and that he did not have permission to get into
was thereafter arrested and charged with one count of
interfering with the custody of a minor, under section
787.03(1), Florida Statutes (2014). The jury convicted him of
that offense, and the trial court sentenced him to five years
appeal, Lindemuth contends, in part, that he committed no
crime because the statute is inapplicable to the evidence the
jury heard, and the jury instruction's definition of
"entice" led ...