State of Tennessee v. Bobby Joe Lester - Dissenting

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON STATE OF TENNESSEE v. BOBBY JOE LESTER Direct Appeal from the Criminal Court for Shelby County No. 02-02980 Joseph P. Dailey, Judge No. W2004-00842-CCA-R3-CD - Filed July 28, 2005 DAVID G. HAYES, J., dissenting. The majority concludes that the proof is sufficient to support the Appellant’s conviction for especially aggravated kidnapping. I respectfully dissent. As noted by the majority, the offense of kidnapping requires that the removal or confinement be accomplished through either “force, threat or fraud.”

Tenn. Code Ann. §…