District Court of Appeal of Florida March 21, 2001, No. 3D99-966 (Suarez v. State)

lead-opinion

PER CURIAM.

Affirmed.

SCHWARTZ, C.J., and LEVY, J„ concur.

dissent

RAMIREZ, J

(dissenting).

Rafael Suarez appeals his conviction and sentence for the false imprisonment of K.H. Because there is sufficient evidence to support a jury instruction on assault as a lesser included offense of kidnapping, I would reverse Suarez’s conviction and remand for a new trial.