Rogelio Delgado, Petitioner v. State of Florida, Respondent

Summary

The court held that a kidnapping conviction based on an underlying felony requires proof of every statutory element, including that the defendant knew of the victim's presence before or during the underlying felony, before the limiting three-part confinement test is applied. Because the State did not present competent, substantial evidence that Delgado knew the child was in the vehicle when he committed the auto theft, the court quashed the decision below and directed that the kidnapping conviction be vacated. Justice Labarga specially concurred on the proof issue but viewed the underlying theft as continuing through the removal of the stolen items, while Justice Lewis, joined by Chief Justice Canady and Justice Polston, would have found no jurisdictional or substantive basis to disturb the decision below.