State v. Davis

Spearman, A.C.J.

¶1 Repossession agent Robin Davis and two codefendants, while repossessing two cars owned by the same family, forced the driver and a passenger of one of the cars to get out at gunpoint and take them to the second car. Davis was convicted of two counts of kidnapping in the second degree and two counts of assault in the second degree. On appeal, he claims (1) the assault merged with the kidnapping for each victim, (2) the trial court erroneously gave an initial aggressor instruction, (3) the court erroneously permitted rebuttal testimony about repossession industry standards,…