State v. Bonilla

BRYANT, Judge.

Where defendant bound and gagged the assault victim, threatened to kill him, and then sexually assaulted him, we uphold the trial court’s denial of defendant’s motion to dismiss the charge of first-degree kidnapping. Where the evidence established that the murder victim died as a result of strangulation and suffocation, with fracture of the thoracic spine as a contributing factor, and where the evidence established that defendant viciously hit and kicked the murder victim, then carried him into another room, where the murder victim was later found bound by his neck, hands, and…