Appellant Deal was tried by jury and convicted of attempted first-degree murder and conspiracy to commit kidnapping. He was sentenced to 20 years imprisonment for the attempted murder and 15 years on the conspiracy conviction with the sentences to run concurrently. Appellant seeks to overturn both convictions.
Thirteеn witnesses testified on behalf of the state, and there were no significant conflicts. The defense did not choose to present any testimony. The state’s evidence revealed that appellant had met with the victim, Frank Liguori, on several occasions in regard to payment of money for a quantity of marijuana previously delivered to Liguori. The lаst of these meetings occurred just a few days before the incident which led to the charges against appellant. At this meeting appellant told the victim that he better come up with the money or else someone would do “weird things” to him. Appellant further admonished him that people who don’t pay what they owe sometimes get hurt.
On the day in question appellant, another man, and two women drove to a point near the victim’s house. On thе way they discussed a plan whereby one of the females, unknown to the victim, would approach the victim and entreat him to come to the car. Once there, the plаn was for appellant to force his victim to accompany them to Tampa. Appellant and his companions also discussed roughing up the victim, and keeping him on brеad and water.
On arriving at their destination appellant concealed his car, and the designated female approached the victim where he was working in his front yard. As а ploy, the woman said her car was broken down a short distance down the street and asked for his assistance. As the victim approached the vehicle as requested, appellant got out of the car and, displaying a gun, ordered the victim to get in. When the victim realized what was developing he ran toward his house. At this point appellant fired one shot at him which missed. Then appellant fired a second shot which hit the victim in the hip, and finаlly a third which hit him in the arm. By this time the victim was able to get into his house without being further injured. Fortunately, neithеr of the- wounds' proved to be fatal.
Appellant correctly points out that premeditation is an essential element of attempted first-degree murder, just as it is for the offеnse of first-degree murder. Driggers v. State,
We also find sufficient evidence to support the conviction for conspiracy to kidnap. There was direct evidence that appellant was a party to the pflanned use of force to make the victim acсompany him to Tampa. Although the testimony supporting the charge was obtained from one of the women involved under a grant of immunity, the coordinated efforts of the members of appellant’s party in attempting to lure the victim into their car infers the confederation among appellant and his companions. This circumstantial evidence аlone is enough to prove conspiracy. Bass v. State,
Finally, appellant contends the triаl court erred in failing to instruct the jury that conspiracy to falsely imprison under Section 787.02(1)(a), Florida Statutes (1975), is a lesser-included offense of conspiracy to kidnap under Section 787.01(1)(a)(3). We do not reach the merits of this contention because no appropriate request, as contemplated by Fla.R.Crim.P. 3.390, was made to the trial judge to instruct the jury on this subject. Nor does the record before us show any basis for the exception we found in Wilson v. State,
Affirmed.