State v. Rattana Keo Phuong

¶1 — Pursuant to a jury’s verdicts, Rattana Keo Phuong was convicted of unlawful imprisonment — domestic violence and attempted rape in the second degree — domestic violence. On appeal, he contends that insufficient evidence supports his conviction of unlawful imprisonment because the restraint employed in committing the unlawful imprisonment offense was “incidental” to the rape offense. Contrary to Phuong’s contention, however, there is no Fourteenth Amendment due process right to be convicted of unlawful imprisonment only where the restraint employed in committing the offense is not…