State v. Smith

Defendant Dwayne Anthony Smith appeals from his convictions for second-degree kidnapping, assault inflicting serious injury, and communicating threats. Because the trial court instructed the jury as to kidnapping theories not included in the indictment, we vacate defendant’s second-degree kidnapping conviction and remand for a new trial. We find defendant’s remaining assignments of error to be without merit.

Facts

A. The State’s Evidence.

The State’s evidence tended to show the following. Kimberly Hare had been living with defendant since February 2000. On 14 January' 2001, at approximately 6:00…