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POSEY v. STATE

No. 1D01-1443.

823 So.2d 178 (2002)

David R. POSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 9, 2002.

Attorney(s) appearing for the Case

Robert Rand, Esquire, Tallahassee and Steven L. Seliger, Esquire of Garcia and Seliger, Quincy, for Appellant.

Robert A. Butterworth, Attorney General and Sherri T. Rollison, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We affirm David R. Posey's conviction for robbery with a firearm but reverse his convictions for kidnapping and remand for resentencing. See Faison v. State, 426 So.2d 963, 965 (Fla.1983). Compare Berry v. State, 668 So.2d 967, 969 (Fla.1996) ("[T]here can be no kidnapping where the only confinement involved is the sort that, though not necessary to the underlying felony...

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