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SUAREZ v. STATE

No. 3D99-966.

779 So.2d 665 (2001)

Rafael SUAREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 21, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and RAMIREZ, JJ.

PER CURIAM.

Affirmed.

SCHWARTZ, C.J., and LEVY, J., concur.

RAMIREZ, J (dissenting).

Rafael Suarez appeals his conviction and sentence for the false imprisonment of K.H. Because there is sufficient evidence to support a jury instruction on assault as a lesser included offense of kidnapping, I would reverse Suarez's conviction and remand for a new trial.

The state charged Suarez with nine counts, including aggravated assault with a deadly...

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