State v. Grant
172 Wash. App. 496
Wash. Ct. App.2012Background
- Grant was convicted of first degree robbery and first degree kidnapping; he argued due process was violated because the restraint of the victim was incidental to the robbery; the State argued kidnapping does not merge with robbery and evidence supports the elements of kidnapping beyond a reasonable doubt; the court acknowledged merger in some contexts but held kidnapping does not merge with robbery; Bigelow was robbed, bound, restrained, and questioned for about three hours while weapons were used; the jury found him guilty on both counts and the court imposed an exceptional sentence; the majority affirmed and remanded for scrivener’s error correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether first-degree kidnapping merges with robbery | Grant contends kidnapping was incidental to robbery | Korum reading or Green misapplied; merger not required | No mandatory merger; separate punishments allowed; due process satisfied |
| Whether due process requires kidnapping not be incidental to another crime | Grant: not incidental, so insufficiency under due process | State need prove elements, not not-incidental standard | Due process satisfied; not require ‘not incidental’ proof; elements proven beyond reasonable doubt |
| Whether the evidence supports kidnapping under the Green framework | Grant: restraint was incidental; insufficient under Green | Evidence shows abduction by restraint; sufficient under Green’s framework | Evidence sufficient to prove kidnapping beyond a reasonable doubt under Green; conviction affirmed |
Key Cases Cited
- State v. Vladovic, 99 Wn.2d 413 (1983) (kidnapping does not merge into robbery; separate punishments)
- State v. Fletcher, 113 Wn.2d 42 (1989) (kidnapping does not merge into robbery; separate punishment allowed)
- State v. Green, 94 Wn.2d 216 (1980) (incidental restraint standard in sufficiency of kidnapping evidence; Jackson v. Virginia test applied)
- State v. Louis, 155 Wn.2d 563 (2005) (continues line of kidnapping/robbery separation rulings)
- State v. Korum, 120 Wn. App. 686 (2004) (incidental restraint concept discussed in Green; merger analysis debated)
- State v. Bybee, 142 Wn. App. 260 (2007) (personal restraint review discussions; incidental restraint referenced)