Sinclair v. State, 973 So. 2d 665 (Fla. 3d DCA 2008). · Go Syfert
Search
Sinclair v. State, 973 So. 2d 665 (Fla. 3d DCA 2008). Cases Citing This Book View Copy Cite
“false imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)1.”
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Lamb v. State (fladistctapp, 2009-11-13)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (verbatim quote) Lamb v. State
Fla. Dist. Ct. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
false imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)1.
discussed Cited as authority (quoted) Mosquera v. State
Fla. Dist. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
false imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)l.
discussed Cited as authority (rule) Felder v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
Kalogeras v. State, 58 So.3d 889 (Fla. 5th DCA 2011); Davis v. State, 20 So.3d 1024 (Fla. 4th DCA 2009); Lamb v. State, 32 So.3d 117 (Fla. 2d DCA 2009); Sinclair v. State, 973 So.2d 665, 665 (Fla. 3d DCA 2008). 2 Reversed and Remanded.
discussed Cited as authority (rule) Davis v. State
Fla. Dist. Ct. App. · 2009 · confidence medium
State v. Hearns, 961 So.2d 211, 213 (Fla. 2007) (explaining that the only consideration in determining whether an offense is a forcible felony is the statutory elements of the offense); Sinclair v. State, 973 So.2d 665, 665 (Fla. 3d DCA 2008) (reversing sentence and remanding for resentenc-ing because false imprisonment is not enumerated in subsection 775.082(9)(a)l., Florida Statutes (2004)); see also § 787.02(l)(a), Fla. Stat. (2004) (defining false imprisonment as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority a…
Craig Stephen SINCLAIR, Appellant,
v.
The STATE of Florida, Appellee.
3D07-390.
District Court of Appeal of Florida, Third District.
Feb 6, 2008.
973 So. 2d 665
Wells, Rothenberg, and Salter.
Cited by 5 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #48,171 of 633,719
Citer courts: District Court of Appeal of Fl… (2)

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Jerome Smiley, Jr., Assistant Attorney General, for appellee.

Before WELLS, ROTHENBERG, and SALTER, JJ.

PER CURIAM.

Craig Sinclair appeals his conviction by a jury for false imprisonment and the enhancement of his sentence based on his status as a prison releasee reoffender (PRR). We find that the evidence was sufficient to support the charge and conviction of false imprisonment, and we therefore affirm on that issue. With respect to the PRR enhancement, the State has commendably conceded error. False imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)1, Florida Statutes (2004). We therefore reverse the sentence imposed on that basis and remand the case to the trial court for resentencing and any other appropriate action.[*]

[*666] Affirmed in part; reversed and remanded in part.

[*] At oral argument, it was represented to the court by Sinclair's appellate counsel that Sinclair will be eligible for release when the PRR enhancement is eliminated upon re-sentencing. We neither endorse nor reject that representation, but we are issuing this opinion immediately in light of the State's concession and counsel's concern.