Vining v. State

Sognier, Judge.

John Bruce Vining was convicted of aggravated assault and kidnapping, and he appeals.

1. Appellant contends the conviction of aggravated assault merged with the kidnapping conviction and thus should be vacated. Evidence was adduced that on August 27, 1988, appellant came to the car lot where Gail Fleming worked and inquired about selling his van. While Fleming was checking a reference book, appellant put a noose around her neck, and Larry Stewart, appellant’s co-indictee, suddenly appeared and held a gun to Fleming’s head. Appellant handcuffed Fleming and threw her into the back…