State v. Whitaker

COZORT, Judge.

Defendant was convicted of second-degree kidnapping and sentenced to a prison term of twenty-four (24) years. He appeals his conviction alleging the trial court should have granted his motion to dismiss the charges against him because the State’s evidence was insufficient to prove that he restrained his victim for the purpose of committing the crime of attempted second-degree rape. He also contends the indictment was fatally defective and that the trial court erred by failing to instruct on the lesser included offense of false imprisonment. We find no error.

The State’s main…