Miller v. State

Adjudicated guilty both of sexual battery with a deadly weapon and of kidnapping with a weapon, Kenneth Miller received concurrent terms of life imprisonment. On appeal, he challenges only the conviction and sentence for kidnapping, arguing the evidence was insufficient to support a separate kidnapping conviction, in addition to the conviction for sexual battery. We agree and reverse the conviction and sentence for kidnapping.

The amended information alleged that Mr. Miller “did confine, abduct or imprison [the victim] forcibly, secretly, or by threat against her will and without lawful…