Butcher, Charles E. Ii

DISSENTING OPINION

Johnson, J.,

filed a dissenting opinion.

I respectfully dissent.' I believe that the court of appeals incorrectly applied the standard of review for factual sufficiency in this aggravated kidnapping case. The term “safe place” is not defined in the statute and is open to interpretation depending on the facts of each case. Therefore, the court should have considered the legislative history and intent of the safe-*24release defense. The critical question in this case is whether appellant did what the legislature intended the safe-release defense to encourage him to do. Because the…