State v. Alvarez-Vega

Defendant was convicted of four counts of first-degree robbery, ORS 164.415, five counts of second-degree kidnapping, ORS 163.225, two counts of first-degree theft, ORS 164.055, and two counts of second-degree theft, ORS 164.045. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal on the five counts of second-degree kidnapping. We agree and reverse those convictions.

Each of the five second-degree kidnapping convictions was based on a theory that defendant, by ordering the victims of his robberies to lie on the floor before he fled the scene,…