People v. San Emerterio

We granted certiorari to determine whether the Colorado Court of Appeals was correct in reversing the conviction of Nick San Emerterio for first-degree kidnapping. See People v. Emerterio, 819 P.2d 516 (Colo.App.1991). The court of appeals based its reversal on the conclusion that the victim’s agreement to perform an act “after her release and over which defendant had no control to insure her performance” did not constitute a “concession” within the meaning of the first-degree kidnapping statute, section 18-3-301, 8B C.R.S. (1986). Emerterio, 819 P.2d at 519. We disagree with that conclusion…