State v. Redwing

Defendant was convicted of, among other crimes, two counts of first-degree kidnapping, ORS 163.235. The kidnapping counts involved the same conduct and the same victim and were based on defendant’s violation of two separate paragraphs of the first-degree kidnapping statute, namely, ORS 163.235(1)(c) (kidnapping with a purpose to cause physical injury to the victim) and ORS 163.235(1)(d) (kidnapping with a purpose to terrorize the victim or another person). On appeal, defendant argues that those separate paragraphs of ORS 163.235(1) set forth alternative theories of proving a single offense,…