FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Flagler County, Terence R.
S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant
Public Defender, Daytona Beach, for Appellant.
Moody, Attorney General, Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona Beach, for Appellee.
the victim in this case, admittedly worked as a prostitute.
She agreed to provide sexual services to Obtravies Andre
Watkins at a negotiated price and pursuant to certain
conditions, which included payment in advance and the use of
and Watkins initially engaged in consensual sex in
Watkins's car in the parking lot of a post office in
Volusia County. Watkins then drove M.M. to a second location
in Volusia County-James Ormond Park-where they engaged in
consensual sex again. Afterwards, M.M. withdrew her consent
to any further interactions because she had run out of
condoms. Watkins became angry, punched M.M., and threatened
to shoot her if she did not do as he demanded or tried to
escape. Watkins then forced M.M. to perform unprotected oral
Watkins transported M.M. to a third location within Volusia
County-an isolated, wooded area near High Bridge Road.
Watkins pulled M.M. out of the car and forced her to engage
in nonconsensual, unprotected oral and vaginal sex. M.M.
testified that they reentered Watkins's car, and Watkins
said he would let her live and take her back. However, M.M.
described that instead, Watkins began "driving around
kind of aimlessly." His driving became erratic as he
attempted to locate his cell phone in the car. M.M. found the
phone, which enraged Watkins because he believed M.M. used
the phone to call for assistance. M.M. testified:
[W]e passed the, uh, the signs that said you're now
leaving Daytona, entering Flagler, to which he then pulled
off into, like, a quarry area. When he pulled off into the
quarry area, he went down the dirt road all the way to the
gate and pulled off into the field that was, um, next to
that. When he pulled off, uh, towards the road, uh, the whole
time that we're driving down and everything, I keep
telling him no. I didn't touch your cell phone. I
didn't do nothing to your cell phone. Um, I was trying to
plead with-with him to not kill me.
quarry M.M. described is located off Old Kings Road in
Flagler County. Watkins again became violent and forced M.M.
to engage in unprotected vaginal sex. He choked M.M. with a
belt and left her naked, injured, and unconscious in a field.
When M.M. regained consciousness, she walked onto Old Kings
Road, where she was discovered by passing
was charged and convicted in Volusia County of battery,
sexual battery, and kidnapping. In this subsequent Flagler County
case, the State moved to transfer the evidence from Volusia
County to Flagler County. The Flagler County court granted
that motion, allowing the State to admit "testimony and
evidence of the inextricably intertwined evidence of
kidnapping and sexual battery that took place in Volusia
County." The Flagler County court noted that the events
that occurred in Volusia County were directly relevant to the
crimes that arose in Flagler County and were necessary to
provide the jury with the full context of the occurrence;
specifically, the transformation of Watkins and M.M.'s
interactions from consensual to nonconsensual.
was convicted in Flagler County of attempted second-degree
murder, kidnapping, and sexual battery. He raises multiple
issues on appeal, only one of which has merit: Watkins argues
that his kidnapping conviction violates the constitutional
prohibition against double jeopardy because he was previously
convicted of kidnapping in Volusia County. We agree.
Volusia County case, the State argued that the events at
issue constituted a single act. It emphasized, "This is
one continuous act. There's not a temporal break in any
of the actions between Volusia County and Flagler County,
especially the kidnapping."
appeal, the State takes a completely different position: it
asserts that Watkins committed two separate kidnappings, and
thus, the Flagler County conviction is not precluded by
double jeopardy. The State argues that the initial kidnapping
ended at the third location-High Bridge Road-when Watkins