People v. Vaughn

This appeal requires us to determine whether, in a prosecution for kidnapping and first-degree criminal sexual conduct, the trial court erred in failing to adequately instruct the jury that asportation necessary for kidnapping must not be merely incidental to commission of the *221underlying offense of first-degree criminal sexual conduct, and that reversal is required. While we would hold that the trial court did err, because the instructional error was harmless beyond a reasonable doubt, we find no actual prejudice to defendant and, accordingly, would reverse the decision of the Court of…