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 applying the Faison three-part test. Because the State presented no competent, substantial evidence that Delgado knew the child was in the vehicle while committing the auto theft, the kidnapping conviction could not stand, and the court quashed the district court's decision and remanded for vacation of that conviction. Justice Labarga specially concurred on the statutory-analysis and evidentiary grounds but would treat the auto theft as continuing through the removal of stolen items; Justice Lewis, joined by Chief Justice Canady and Justice Polston, would have found no jurisdictional or substantive basis to disturb the district court's decision.