State v. Berg

¶1 We consider whether there is sufficient evidence to support a kidnapping charge if the conduct constituting kidnapping is incidental to a separately charged crime of robbery. Defendants Daylan Berg and Jeffrey Reed were convicted of robbery in the first degree and kidnapping in the first degree in violation of RCW 9A.56.200 and RCW 9A.40.020. On appeal, Division Two of the Court of Appeals held that because the only evidence of kidnapping was conduct incidental to the robbery, the evidence of kidnapping was insufficient under the due process clause. U.S. Const, amend. XIV, § 1; Wash.…