State v. Garcia-Martinez

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 125,685 STATE OF KANSAS, Appellee, v. JOSE GARCIA-MARTINEZ, Appellant. SYLLABUS BY THE COURT The phrase "taking or confining" in K.S.A. 21-5408(a) does not present alternative means of committing kidnapping and aggravated kidnapping; rather, it presents options within a means merely describing the factual circumstances that may prove the material element—the actus reus—of holding the victim to accomplish one of the four alternative means of committing kidnapping set forth in the statute. To the extent language in State v. Haberlein, 296 Kan. 195,