Rojas v. State
Rojas was convicted of kidnapping with intent to terrorize (with weapon enhancement) and aggravated assault with a deadly weapon arising from the same knife-point confrontation in a storage facility. The Sixth DCA held that dual convictions did not violate double jeopardy because, under the strict statutory elements test of section 775.021(4)(a) and Maisonet-Maldonado, kidnapping with intent to terrorize (even with a weapon enhancement) does not require proof of an aggravated assault, since an offender can carry a weapon without brandishing it.
Key facts
- Rojas was charged with kidnapping with intent to terrorize (with weapon enhancement) and aggravated assault with a deadly weapon following a knife-point confrontation in a storage facility.
- The trial court convicted Rojas of both offenses arising from the same incident.
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Why it matters
This opinion provides a clear, citable application of Maisonet-Maldonado's strict elements test to the specific combination of kidnapping with a weapon enhancement and aggravated assault, a pairing likely to recur in… — full analysis with a trial
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