State v. Dominguez

OPINION

FRY, Judge.

{1} In this case, both Defendant and the State appeal following Defendant’s convictions for kidnapping and second-degree criminal sexual penetration (CSP II). Defendant argues that his convictions for kidnapping and CSP II violate double jeopardy, that the State presented insufficient evidence for either conviction, and that the prosecutor committed prosecutorial misconduct. Conversely, the State argues that the district court erred when it modified Defendant’s conviction for first-degree kidnapping to second-degree kidnapping because the jury was not given a special verdict…