Sei sulla pagina 1di 2



16 October 2016


Appeal by Defendant who was convicted of aggravated kidnapping, residential
burglary and two counts of robbery.

Defendant gained entry into the car of the first victim who had parked at a gas
station and had gone in to buy cigarettes. When victim returned to his car he
found Defendant, who he had never met before, sitting in the passenger’s seat.
He asked Defendant to get out but he refused, instead he threatened the victim
telling him to get in the car if not his friends in a black SUV parked nearby would
beat him up. When the victim entered his car, Defendant told him that he
believed he was part of a gang that had stolen his money and he requested to
inspect the victim’s money because he claimed his money had been marked. The
victim told the Defendant that he did not belong to any gang and handed the
money he had on him to the Defendant who inspected the money and gave it
back him. According to the victim, he was held in the car for more than an hour
after which the Defendant asked him to drive to a building where the victim’s
friend lives and the black SUV followed. The Defendant gained entry into the
home of the second victim, a friend of the first victim, Defendant told the same
story about how he had been robbed by a gang to the second victim and he
requested to see his money to inspect it as well. This time, Defendant kept the
victim’s money and asked for more money which the victim gave him out of fear
after which the Defendant and the first victim left the apartment. Outside, the
Defendant robbed the first victim then got into the SUV and drove off.

1. Whether the first victim was, as a matter of fact, secretly confined in his car
that was parked in a busy area in order for prosecution to prove beyond
reasonable doubt that Defendant intended to secretly confine the first
victim leading to kidnapping.
2. As to the aggravated portion of the charge, the State had to prove the
defendant "committed another felony upon David Vasquez, to wit:


1. Kidnapping is committed when:
a) a person secretly confines another against his will, b) a person uses
force or threat of force to move another from one place to another
with the intent to secretly confine that other person against his will,
c) uses deceit or enticement to induce another to go from one place
to another with the intent to confine that other person against his
2. Robbery is committed when:
a) A person takes property from another by the use of force or
threat of imminent force
3. Armed Robbery is committed when:
a) A person takes or threatens to use force to take another person’s
property using a dangerous weapon.
The court held that the evidence adduced at trial was sufficient to allow the jury
to draw an inference of the defendant's intent to secretly confine the kidnapping
victim from the circumstances surrounding the defendant's acts.