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MILLER v. STATE

No. 1D12-2830.

124 So.3d 395 (2013)

Kenneth MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 23, 2013.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Kathleen Stover , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Meredith Hinshelwood , Assistant Attorney General, Tallahassee, for Appellee.

BENTON, J.

Adjudicated guilty both of sexual battery with a deadly weapon and of kidnapping with a weapon, Kenneth Miller received concurrent terms of life imprisonment. On appeal, he challenges only the conviction and sentence for kidnapping, arguing the evidence was insufficient to support a separate kidnapping conviction, in addition to the conviction for sexual battery. We agree and reverse the conviction and sentence for kidnapping.

The amended information...

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