Victor Jones v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED VICTOR JONES, Appellant, v. Case No. 5D13-30 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 7, 2014 Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. GRIFFIN, J. Appellant, Victor Jones [ Jones ], appeals his convictions for kidnapping with intent to commit bodily harm or terrorize and false imprisonment. On appeal, Jones argues for the first time that the dual convictions violate double jeopardy. Under the facts of this case, we agree that the act of restraining the victim during the attack was part of the same criminal episode out of which the kidnapping charge and conviction arose. Accordingly, we vacate the conviction and sentence for false imprisonment. See Fleming v. State, 75 So. 3d 397 (Fla. 5th DCA 2011). AFFIRMED in part, as to kidnapping charge; REVERSED and REMANDED to vacate false imprisonment charge. PALMER and LAWSON, JJ., concur. 2

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