PD Manny Alvarez, last heard about in these pages with his run for Judge (and extremely close loss) wins a big one in the Florida Supreme Court.
However, the question here is whether Delgado committed the additional crime of kidnapping, subjecting him to a sentence of life imprisonment, if he did not know the child was in the backseat before or during his commission of the auto theft, which was the underlying felony used to support his kidnapping conviction. We conclude that because the State failed to produce sufficient evidence demonstrating Delgado‟s awareness of the victim before or during his execution of the underlying felony, critical statutory requirements for the kidnapping offense were not satisfied.
The moral of the story is that great lawyers follow the admonition of Winston Churchil and "never never never give in."
Churchill, in discussing the Battle of Britan in a talk to students at the Harrow school said:
"Never give in. Never give in. Never, never, never, never -- in nothing, great or small, large or petty -- never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy. "
Winston Churchill, October 29, 1941.
COURT CLOSED MONDAY. HOW WILL YOU BE SPENDING THE HOLIDAY WEEKEND?