Hawes v. State
Annotate this CaseAfter a jury trial, Appellant was found guilty of stalking and kidnapping. The Supreme Court reversed the stalking conviction and otherwise affirmed, holding (1) there was insufficient evidence to support the stalking conviction; (2) the jury correctly found that Appellant was not entitled to a mitigated sentence for the kidnapping charge, as there was sufficient evidence for the jury to conclude that Appellant did not voluntarily release his kidnapping victim; and (3) the jury was properly instructed on the lesser included charge of felonious restraint, a lesser included offense to the crime of kidnapping.
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