State v. Jones

¶ 1. Defendant appeals from his conditional guilty plea to kidnapping in violation of 13 V.S.A. § 2405 (a)(1)(E). He argues that the court erred in denying his motion to dismiss for lack of a prima facie case. According to defendant, his conduct did not constitute kidnapping because the restraints imposed on the victims were incidental to the burglary of an occupied dwelling. We affirm.

¶ 2. Defendant was charged with kidnapping in May 2006 for conduct that occurred in February 1997. As noted above, he moved to dismiss for lack of a prima facie case. At a hearing on the motion, the State…