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Lugo v. State2/20/2003
s particular visit, but was later placated by Lugo with the knowledge that they would execute the abduction later that evening. While Griga and Furton were held hostage, both were subdued with Rompun, which Lugo and Doorbal had procured for that specific purpose. Furton was also subdued with handcuffs and tape, as was Schiller. Furthermore, it is important to note that in the intervening months between the Schiller and Griga-Furton abductions, Lugo directed the surveillance of Winston Lee's townhome, with the goal of abducting Lee and obtaining his assets. This type of activity over a six-month period does not have the characteristics of impulsive, sporadic behavior. The nature of these crimes removes them from the category of being merely similar to each other, and requires that they be placed in the category of "connected acts or transactions." Fla. R. Crim. P. 3.150(a).
We further note that if separate trials on the Schiller and Griga-Furton counts had been held, evidence of the abduction, extortion, and attempted murder of Schiller would have been admissible in Lugo's trial for the abduction, attempted extortion, and murders of Griga and Furton, and vice versa. This evidence would have been admissible in separate trials to establish the existence of an ongoing, common scheme to target wealthy victims, as well as to establish the entire context within which Lugo's criminal activity occurred. See, e.g., Fotopoulos v. State, 608 So. 2d 784, 790 (Fla. 1992) (determining that severance of murder charges was not required, in part because evidence of commission of one murder would have been admissible in a separate trial of the other to show a common scheme and context in which criminal activity occurred); Bundy v. State, 455 So. 2d 330, 345 (Fla. 1984) (determining that severance of murder charges was not required, in part because evidence of murder at one location would have been admissible in separate trial for murder at other location due to common scheme involved in both), abrogated on other grounds, Fenelon v. State, 594 So. 2d 292 (Fla. 1992). Therefore, due to the common scheme that is related to both the Schiller and Griga-Furton counts, Lugo "has failed to demonstrate that a severance was necessary for a fair determination of his guilt or innocence." Bundy, 455 So. 2d at 345.
Based on the reasons above, we determine that the trial judge did not abuse his discretion when he denied Lugo's pretrial motion to sever charges.
Sufficiency of the Evidence for RICO Convictions
Lugo asserts that there was insufficient evidence to support his convictions for RICO activity and conspiracy to commit RICO activity. The elements of a crime under Florida's RICO statute are (1) conduct or participation in an enterprise through (2) a pattern of racketeering activity. See, e.g., Gross v. State, 765 So. 2d 39, 42 (Fla. 2000). With regard to the "enterprise" element, the State must prove the following subelements: (1) an ongoing organization, formal or informal, with a common purpose of engaging in a course of conduct, which (2) functions as a continuing unit. See id. at 45.
Lugo's assertion that the State failed to prove the enterprise requirement is unavailing. The State proved, through the testimony of Jorge Delgado and others, that Lugo, Doorbal, and others specifically associated for the illicit purposes of kidnaping and extorting money from Marc Schiller, as well as the illicit purposes of kidnaping and securing the assets of Griga and Furton. When we further consider the coordinated events, especially surveillance activity, surrounding the planned (but never executed) abduction and extortion of Winston Lee, we determine that competent, substantial evidence su
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