State v. Ramirez, 328 P.3d 1075

Ramirez was arrested after being found in a home with a 1‑year‑old child placed in a duffel bag; the child was not removed from the bedroom and Ramirez was prevented from leaving.
Ramirez was charged with kidnapping, aggravated burglary, and endangering a child; trial court instructed jury on kidnapping and, without objection, on criminal restraint as a lesser included offense.
The jury convicted Ramirez of aggravated burglary and endangering a child, and convicted him of criminal restraint instead of kidnapping.
On appeal Ramirez argued the trial court lacked jurisdiction to convict him of criminal restraint because it was not charged and, under the strict elements test from State v. Schoonover, criminal restraint is not a lesser included offense of kidnapping.
The Court of Appeals was divided: one opinion found element equivalence; a concurrence said criminal restraint is a lesser degree of kidnapping; a dissent disagreed with element equivalence and would reverse.
The Kansas Supreme Court granted review to decide whether criminal restraint is a lesser included offense of kidnapping and therefore whether the district court had jurisdiction to convict Ramirez of the uncharged crime.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether criminal restraint is a lesser included offense of kidnapping under K.S.A. 21‑3107	Schoonover strict‑elements test: elements of criminal restraint are not identical to elements of kidnapping, so it is not a lesser included offense	Criminal restraint is a lesser degree of kidnapping (same gravamen: restraint/confinement) and thus falls under K.S.A. 21‑3107(2)(a)	Criminal restraint is a lesser degree of kidnapping and therefore a lesser included offense; conviction affirmed
Whether the district court had jurisdiction to convict Ramirez of uncharged criminal restraint	Lack of charging precludes conviction unless offense is a lesser included crime	Charging kidnapping provided sufficient notice for lesser degree conviction of criminal restraint	District court had jurisdiction because criminal restraint is a lesser included offense under K.S.A. 21‑3107(2)(a)

State v. Schoonover, 281 Kan. 453 (adopted strict elements test for lesser included offenses)
State v. Alderete, 285 Kan. 359 (explaining identity requirement for elements under Schoonover)
State v. Simmons, 282 Kan. 728 (recognized criminal restraint as lesser included offense of kidnapping)
State v. Gregory, 218 Kan. 180 (holding manslaughter/murder are degrees of same crime; gravamen analysis)
State v. Long, 234 Kan. 580 (theft is a lesser degree of robbery despite differing elements)