JIMMIE ERNEST GLOVER v. STATE OF FLORIDA
237 So. 3d 405
| Fla. Dist. Ct. App. | 2017Background
- At night in a park, Glover approached a group of seven, brandished what appeared to be a handgun, threatened them, forced them to the ground, and took items from several victims.
- Glover ordered two women to disrobe, led/separated them behind a large tree, placed a gun to one woman’s head, and raped her; the other woman fled after partial removal of clothing and being chased.
- The victims were threatened repeatedly; some remained face down and could partially observe events.
- Glover was convicted by a jury of multiple offenses including sexual battery, attempted sexual battery, robbery, and two counts of kidnapping; he appealed only the kidnapping convictions.
- Glover argued the movements were slight, inconsequential, and incidental to the sexual offenses so they did not satisfy the kidnapping statute as limited by Faison.
- The trial court denied a judgment of acquittal; the appellate court reviewed that denial de novo and affirmed the kidnapping convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the movements/confinement constituted kidnapping under §787.01(1)(a)2 and Faison | The movements were slight, inconsequential, and merely incidental to the sexual offenses; insufficient for kidnapping | Movements and directed disrobing were deliberate, not inherent to sexual battery, and made commission/detection avoidance easier | Affirmed: movements not slight/incidental; satisfied Faison factors for kidnapping |
| Whether evidence was sufficient to deny judgment of acquittal (standard of review) | N/A (Glover challenged sufficiency) | State: view evidence in light most favorable to State; a rational juror could find elements beyond a reasonable doubt | Affirmed: de novo review; competent substantial evidence supported convictions |
Key Cases Cited
- Delgado v. State, 71 So. 3d 54 (Fla. 2011) (explains limits on literal scope of kidnapping statute and summarizes Faison test)
- Faison v. State, 426 So. 2d 963 (Fla. 1983) (adopted three-part test for when movement/confinement is independent kidnapping)
- Pagan v. State, 830 So. 2d 792 (Fla. 2002) (sets standard for reviewing denial of judgment of acquittal)