DONALDSON v. STATE

No. 95-2353.

682 So.2d 197 (1996)

Allen DONALDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michelle A. Konig, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, Judge.

Appellant, Allen Donaldson, was tried by jury and convicted of kidnapping and burglary of a conveyance with assault. Donaldson was sentenced to concurrent twenty year sentences on each count as an habitual felony offender. We affirm in part and reverse in part.

We reverse the conviction and sentence for kidnapping on the authority of Rogers v. State, 660 So.2d 237, 241 (Fla.1995). There, under circumstances...

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