her will and without lawful authority, with intent to commit or facilitate the commission of a felony, to wit: SEXUAL BATTERY, contrary to Sections 787.01(l)(a)(2), 787.01(2), Florida Statutes ... While the State presented sufficient evidence to prove that Donovan did touch K.B. in his attempt to keep her in the car, the State failed to allege in the information that an unlawful touching‘had occurred. To that end, the mere allegation that a kidnapping was committed was insufficient, by itself, to allege that a battery was also committed because the crime of kidnapping does not always include an unlawful touching. For example, a kidnapping can be accomplished when a person is threatened to remain somewhere against his or her will. See Biggs v. State, 745 So.2d 1051 (Fla. 3d DCA 1999)(<HOLDING>). Accordingly, we must reverse Donovan’s
holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction holding evidence that defendant confined five victims with intent to terrorize them was sufficient to support kidnapping conviction holding evidence sufficient to support conviction of intent to distribute based on inter alia 047 grams of methamphetamine divided into five individual packages holding that a victims outofcourt identification was sufficient to support adjudication holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute