State v. Muhammad

LAWRENCE E. MOONEY, Judge.

The defendant, Mikal Muhammad, alleges the trial court plainly erred when it instructed the jury as to the offense of felonious restraint, rather than the offense of false imprisonment with which he was charged. We affirm the convictions for false imprisonment because the jury necessarily found all elements of false imprisonment when it concluded the defendant was guilty of the greater offense of felonious restraint. But we reverse the judgment’s designation of the false-imprisonment counts as class D felonies and remand the cause with instructions to designate these…