State v. Ramirez
Annotate this CaseDefendant broke into a home a placed a one-year-old child in a duffel bad, allegedly to kidnap the child. Defendant was subsequently charged with kidnapping, aggravated burglary, and endangering a child. A jury convicted Defendant of the aggravated burglary and endangering a child counts but opted to convict Defendant of the uncharged crime of criminal restraint as a lesser included offense of kidnapping. The court of appeals affirmed Defendant’s conviction for criminal restraint, concluding that that crime was a lesser included offense of kidnapping. The Supreme Court affirmed, holding that criminal restraint is a lesser degree of kidnapping and, therefore, constitutes a lesser included crime under Kan. Stat. Ann. 21-3107(2)(a).
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