MILLER, P. J., DOYLE and REESE, JJ.
a jury trial, Arnold Alexander Floyd was convicted of two
counts of armed robbery,  two counts of kidnapping,
burglary,  and two counts of first degree cruelty to
children. Floyd appeals the denial of his motion for
new trial, arguing that the evidence was insufficient to
support his convictions and that the trial court erred by
requiring him to register as a sex offender. For the reasons
that follow, we reverse one of Floyd's convictions for
kidnapping, affirm the remaining convictions, and remand the
case for resentencing.
[w]e view the evidence . . . in the light most favorable to
the verdict and no longer presume the defendant is
innocent. We do not weigh the evidence or decide the
witnesses' credibility, but only determine if the
evidence is sufficient to sustain the convictions. We
construe the evidence and all reasonable inferences from the
evidence most strongly in favor of the jury's
viewed, the record shows that on August 3, 2011, 16-year-old
V. Y. was at home with her 12-year-old brother, P. Y. V.
Y.'s boyfriend, Thaddeus Fowler, arrived at the house for
a planned shopping trip, used the restroom, and then returned
to the car to wait for V. Y. Shortly thereafter, Floyd
entered the house, wielding a gun. V. Y., who was on the
phone, asked Floyd who he was, and he told her at gunpoint
"to shut up and give him the phone, " directing her
to go upstairs. V. Y. walked to her room, bypassing her
brother's room where he was sleeping with the door
closed, and Floyd demanded that she take off her clothes.
After initially refusing, V. Y. took off her shirt, but then
began screaming for her brother when Floyd told her to go
faster. Floyd then walked her to P. Y.'s bedroom, still
wielding the gun.
awoke, and Floyd grabbed the home phone and threw it
downstairs, took P. Y.'s phone, and then pointed his gun
at P. Y., who was sitting on the bed, and demanded that P. Y.
put a video gaming system and shoes in a bag and open a safe
located in the room. Floyd also grabbed P. Y.'s phone,
some toy guns, and a poster from his wall. Next, Floyd forced
the victims to stand at gunpoint before exiting the room.
While Floyd was in P. Y.'s room with the victims, Fowler
took a television and other items from V. Y.'s bedroom.
The two men then left the house and drove away.
was charged with two counts of armed robbery, two counts of
kidnapping, burglary, two counts of first degree cruelty to
children, and two counts of aggravated assault. Following a jury
trial, he was found guilty on all counts and sentenced to
prison. Floyd was also required to register as a sex offender
as to his conviction for kidnapping P. Y. The trial court
denied his subsequent motion for new trial, and this appeal
Floyd contends that the trial court erred by denying his
motion for a directed verdict as to the charges of
kidnapping, arguing that the State failed to prove the
element of asportation beyond a reasonable doubt.
person commits the offense of kidnapping when such person
abducts or steals away another person without lawful
authority or warrant and holds such other person against his
or her will." "For the State to prove the essential
element that the defendant has 'stolen away' or
'abducted' his alleged victim, it must show that an
unlawful movement, or asportation, of the person has taken
place against the victim's will." The kidnapping
(1) For the offense of kidnapping to occur, slight movement
shall be sufficient; provided, however, that any such slight
movement of another person which occurs while in the
commission of any other offense shall not constitute the
offense of kidnapping if such movement is merely incidental
to such other offense.
(2) Movement shall not be considered merely incidental to
another offense if it: (A) Conceals or isolates the victim;
(B) Makes the commission of the other offense substantially
easier; (C) Lessens the risk of detection; or (D) Is for the
purpose of avoiding apprehension.
Count 4. Count 4 charged Floyd with kidnapping V. Y.
The evidence shows that Floyd took V. Y.'s phone at
gunpoint and forced her to walk upstairs and into her
bedroom, where he demanded that she remove her shirt. He then
made her walk to P. Y.'s room, where Floyd had P. Y.
gather multiple items that Floyd then took from the house. In
doing so, Floyd moved V. Y. from one floor to another and
ultimately removed her from her room and had her go into her
brother's room, making it substantially easier for Floyd
and Fowler to commit armed robbery including forcing P. Y. to
gather various items in his room.
a result, the movement of [V. Y.] was not merely incidental
to any other charged offense, and [viewed in favor of the
verdict, ] the evidence was sufficient to establish the