SC09-2030 – Rogelio Delgado v. State of Florida

State: Florida

Docket No: SC09-2030

Case Date: 05/26/2011

Preview:Supreme Court of Florida
____________ No. SC09-2030 ____________ ROGELIO DELGADO, Petitioner, vs. STATE OF FLORIDA, Respondent. [May 26, 2011] REVISED OPINION PARIENTE, J. We have for review the decision of the Third District Court of Appeal in Delgado v. State, 19 So. 3d 1055 (Fla. 3d DCA 2009), involving the application of a provision of Floridas kidnapping statute, specifically section 787.01(1)(a)2., Florida Statutes (2006), and the interplay of that provision with our decision in Faison v. State, 426 So. 2d 963 (Fla. 1983). This Courts decision in Faison was intended to narrow the circumstances under which those defendants convicted of an underlying forcible felony would be automatically convicted of kidnapping; its three-part test was not intended to expand the class of defendants who could be subject to a kidnapping conviction or as a substitute for satisfying the elements of

the statute. We conclude that the Third District misapplied our decision in Faison, and, accordingly, we have jurisdiction. See art. V,

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