A minor clerical error in a prosecution document is not enough to overturn a life sentence for a convicted kidnapper, a Florida appeals court ruled Friday. The Florida Second District Court of Appeals affirmed the conviction and life sentence of Alfred Facundo, rejecting his argument that a typographical blunder by the State should invalidate his trial.
When prosecutors charged Facundo following a 2018 arrest in Manatee County, the formal charging document—known as an information—contained conflicting language. While the heading explicitly labeled the charge as “Kidnapping,” a first-degree felony punishable by life, the body of the document accidentally added two words, alleging that Facundo “did attempt to” forcibly confine, abduct, or imprison the victim.
Under Florida law, a completed kidnapping carries a maximum penalty of life in prison, whereas an attempted kidnapping carries a significantly lower maximum sentence. Facundo’s defense team argued that because of the extra words, he was technically charged with a lesser crime and that his life sentence for a completed kidnapping was a fundamental legal error.
Writing for the three-judge appellate panel, Judge Guard noted that while the state’s mistake should not be taken lightly, it did not cause any actual harm or confusion during the trial. “Because there was no actual prejudice to Facundo from this surplusage, we affirm,” Judge Guard wrote.
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The court pointed out that Facundo was fully aware he faced a life sentence before the trial even began. During a routine pre-trial discussion regarding a rejected plea offer, Facundo explicitly confirmed to the trial judge that he knew a conviction could mean the rest of his life behind bars. Furthermore, the trial court used the standard jury instructions for a completed kidnapping, and neither the prosecution nor the defense ever mentioned an “attempt” during opening or closing statements. “He was not misled as to the charge he faced, and he has not suffered any identified prejudice,” the ruling states.
According to court records, the conviction stems from a June 2018 incident where Facundo chased down a woman, pounded on her car window, and screamed at her. Fearing he would shatter the glass, the victim unlocked the door. Facundo then grabbed her by the hair, dragged her to his own vehicle, and threw her into the back seat. Facundo drove away from the scene, stopped to beat the victim repeatedly, and threatened to kill her and her family members. The assault only ended when a Florida Highway Patrol trooper spotted Facundo punching the woman inside the car and pulled alongside them, allowing the victim to escape into the trooper’s patrol vehicle.
While the appellate court upheld the sentence, it issued a reminder to prosecutors to be more careful with their paperwork moving forward. “This court does not take the mistake by the State lightly,” Judge Guard wrote. “Issues like this should be avoided by the State taking a moment to double-check its charging documents.”
Judges LaRose and Rothstein-Youakim concurred with the ruling.
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