State v. Timms

Brazil, J.:

Antwon Timms appeals from his misdemeanor conviction of criminal restraint following a trial to the court.

We affirm.

Timms’ attack on his conviction is essentially two-fold. First, he claims that as a matter of law, the State’s evidence failed to rise to the level to constitute criminal restraint as defined in K.S.A. 21-3424(a). Secondly, Timms contends that the victim’s testimony was so inconsistent that it was insufficient to prove his guilt beyond a reasonable doubt. Because these issues require consideration under different standards of review, they will be addressed separately.

T…