State v. Frohs

Johnathon Frohs appeals his convictions of unlawful imprisonment and fourth degree assault, contending that the two crimes merged and that his convictions for both violated the prohibition against double jeopardy. Although we reject the State’s argument that the merger doctrine no longer exists, we find no violation of the doctrine and, accordingly, no violation of Frohs’ right to be free from double jeopardy. We also find no instructional error. Accordingly, we affirm Frohs’ convictions of both crimes.

I

On February 22, 1992, Johnathon Frohs and Stephanie Smith engaged in an argument in the…