State v. Berg, 181 Wash. 2d 857

Defendants Berg and Reed were convicted of first-degree robbery and first-degree kidnapping in Washington.
The only kidnapping evidence alleged by the defense was conduct incidental to the robbery.
Division Two vacated the kidnapping convictions on due process grounds based on Green II.
This Court held kidnapping and robbery do not merge and reinstated the kidnapping convictions.
The trial evidence showed restraint and threat of deadly force during a 30-minute detention to facilitate a burglary/robbery and flight.
The decision clarifies that Green II did not alter the sufficiency standard for proving kidnapping.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Green II create a due process standard limiting kidnapping evidence when incidental to another crime?	State argues Green II controls the sufficiency analysis.	Berg/Reed argue incidental kidnapping cannot satisfy elements.	No new sufficiency standard; incidental evidence is not per se invalid.
Was the kidnapping evidence sufficient beyond a reasonable doubt?	State contends restraint by deadly force and 30-minute detention support kidnapping.	Defense argues the restraint was incidental to robbery.	Yes; there was sufficient evidence of restraint and intent to facilitate a felony.
Do merger principles govern kidnapping and robbery consequences here?	State relies on Green II's discussion of restraint.	Defendants rely on merger to bar separate kidnapping conviction.	kidnapping and robbery do not merge; separate convictions permitted.

State v. Green, 91 Wn.2d 431 (1979) (kidnapping evidence must be more than incidental to another crime; Green I/II framework)
State v. Green, 94 Wn.2d 216 (1980) (Green II; Jackson standard; de minimis restraint analysis clarified)
State v. Vladovic, 99 Wn.2d 413 (1983) (merger doctrine; limits on combining offenses; kidnapping/robbery not merging)
State v. Fletcher, 113 Wn.2d 42 (1989) (kidnapping cannot merge into robbery; independent felony requirement discussion)
State v. Johnson, 92 Wn.2d 671 (1979) (merger considerations; kidnapping related to rape statute)
State v. Louis, 155 Wn.2d 563 (2005) (affirmed merger principles; guidance on multiple punishments)
People v. Cassidy, 40 N.Y.2d 763 (1976) (de minimis restraint concept informing due process analysis)
State v. Fletcher, 113 Wn.2d 42 (1989) (reiterates non-merger of kidnapping and robbery)