Delgado v. State
71 So. 3d 54
| Fla. | 2011Background
- Delgado was convicted of burglary of an occupied conveyance, grand theft (reduced to petit theft), auto theft, and kidnapping in connection with stealing a running truck while a two-year-old child slept in the backseat.
- The kidnapping charge was based on section 787.01(1)(a)2., Florida Statutes (2006), requiring confinement with the intent to commit or facilitate a felony, here auto theft.
- The state presented no direct evidence Delgado knew of the child's presence during the auto theft; the trial court denied his motion for judgment of acquittal on kidnapping.
- The Third District affirmed, applying the Faison three-part test to determine whether the confinement was sufficiently independent of the underlying felony.
- The Florida Supreme Court granted review to address whether knowledge of the victim’s presence is required before or during the underlying felony and whether the district court misapplied Faison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is knowledge of the victim’s presence required before or during the underlying felony to convict under 787.01(1)(a)2.? | Delgado | State | Yes; knowledge before or during the underlying felony is required. |
| Did the Third District misapply Faison by conflating statutory elements with the three-part test? | Delgado | State | Yes; misapplied Faison and erred in analyzing statutory elements first. |
| Was there competent, substantial evidence that Delgado knew about the child’s presence during the auto theft? | Delgado | State | No; evidence did not establish awareness before or during the auto theft. |
Key Cases Cited
- Faison v. State, 426 So.2d 963 (Fla. 1983) (adopted three-part test to limit kidnapping scope)
- Lynch v. State, 2 So.3d 47 (Fla. 2008) (applies Faison framework to 787.01(1)(a)2)
- Berry v. State, 668 So.2d 967 (Fla. 1996) (warns against literal application of kidnapping statute)
- Crain v. State, 894 So.2d 59 (Fla. 2004) (requires specific intent and mens rea in kidnapping analysis)
- Kasischke v. State, 991 So.2d 803 (Fla. 2008) (restricts judicial addition to statutory language)
- Reynolds v. State, 842 So.2d 46 (Fla. 2002) (statutory elements as starting point for crime analysis)