Opinion

Kent v. State

  • 702 So. 2d 265
  • 1997 Fla. App. LEXIS 13615
Court
District Court of Appeal of Florida
Filed
Dec 5, 1997
Status
Published
Author
Dauksch
On the bench
Cobb, Dauksch, Sharp
Cited by
11 cases

stating that allegations of memory loss and a failure to understand the seriousness of penalties are not necessarily sufficient grounds to require a competency hearing

How later courts described this case

  • stating that allegations of memory loss and a failure to understand the seriousness of penalties are not necessarily sufficient grounds to require a competency hearing
  • movement of victim from her front door to her bedroom where sexual battery occurred was sufficient to support conviction for kidnapping; movement was not slight nor merely incidental to sexual battery, was not inherent in crime of sexual battery, and made crime of sexual battery substantially easier to commit or lessened risk of detection given that front door had been broken

Written by the judges who cited it.

The opinion

DAUKSCH, Judge,

concurring specially.

While I agree the judgments should be affirmed, I cannot subscribe to the obiter dicta regarding section 924.051(8), Florida Statutes (Supp.1996).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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