State v. Price

Lin light of the longstanding legal principles governing responsive verdicts, I find that Vargas-Alcerreca is an incorrect statement of the law with respect to the responsiveness of a verdict of simple kidnapping to a charge of second degree kidnapping. I respectfully dissent from the majority’s opinion, and would reverse Defendant’s convictions on five counts of simple kidnapping. Additionally, because the jury’s non-responsive verdict was an implied acquittal on the charges of second degree kidnapping, I would remand, and order the trial court to enter a post-verdict judgment of acquittal…