State v. Cazares

Defendant was indicted separately for kidnapping in the second degree and attempted rape. After trial to the court defendant was convicted of both crimes. The sole assignment of error is the court’s denial of defendant’s motion for judgment of acquittal on the kidnapping charge, which was based solely on contentions that the asportation element of the kidnapping charge was de minimis and that the alleged kidnapping was incidental to the attempted rape and could not be separately prosecuted or punished.

The victim, 15 years of age, was approached by defendant at about midnight on a Medford city…