Goins v. StateGoins v. State
Dale Dean Goins appeals his convictions and sentences for second-degree murder, kidnapping, robbery with a firearm, and attempted involuntary sexual battery. He raises six points on appeal, one of which merits discussion: whether Count II of the indictment sufficiently alleged the crime with which appellant was charged. Our first impression was to affirm; however, based on Jones v. State,
Count II of the indictment states, in pertinent part, that appellant
did, without lawful authority, forcibly, secretly, or by threat, kidnap, confine, abduct, or imprison Stephanie Michelle Hawkins, against the will of the said Stephanie Michelle Hawkins, with the intent to commit or facilitate commission of any felony, contrary to Chapter 787.01, Florida Statutes. . . . (Emphasis added.)
The trial court erred in not dismissing this count against appellant because the indictment does not identify or describe the felony that appellant allegedly intended to commit or facilitate, which is an essential element of the crime of kidnapping.
Although appellant was charged with other felonies in the same indictment, allegations in a multiple-count information or indictment must stand separately. State v. Dye,
We note that appellant was given consecutive life sentences on the second-degree murder, kidnapping, and robbery charges and fifteen years on the attempted sexual
The remaining points argued by appellant have been considered and rejected. Accordingly, the judgment and sentence for kidnapping are reversed and the cause remanded with directions to dismiss the kidnapping charge.
AFFIRMED in part, REVERSED in part, and REMANDED.