State v. Seitz, 2014 Ohio 2463

Defendant Jamie Seitz was indicted on multiple counts arising from an incident where the victim, Scarlet Ashworth, was beaten and taken from an apartment to Seitz’s home; charges included attempted murder, multiple kidnapping counts, felonious assault, and abduction.
After a first trial was vacated for juror misconduct, a second jury acquitted Seitz of attempted murder, two kidnapping counts, and felonious assault, but convicted him of one count of kidnapping under R.C. 2905.01(A)(2) and the lesser-included offense of misdemeanor assault.
The Bill of Particulars and jury instruction framed the convicted kidnapping count as removal/restraint “to facilitate flight thereafter” from the felonious assault.
Seitz moved for acquittal on the kidnapping count post-verdict; the trial court denied the motion and sentenced him to five years for kidnapping (concurrent with 180 days on the assault).
On appeal Seitz argued the kidnapping conviction was legally inconsistent/insufficient because the jury acquitted him of the underlying felony (felonious assault) required for the “flight thereafter” theory.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a conviction for kidnapping under R.C. 2905.01(A)(2) may stand when the jury acquitted the defendant of the alleged underlying felony (felonious assault)	State: Kidnapping punishes removal/restraint done with the purpose to facilitate a felony or flight thereafter; the success or completion of the underlying felony is irrelevant — intent at time of abduction suffices	Seitz: The (A)(2) “flight thereafter” theory requires that a felony actually occurred; acquittal of felonious assault means no felony existed, so felony kidnapping cannot stand	Affirmed: conviction upheld — the statute focuses on the intent at the time of removal/restraint; inconsistency with acquittal on a different count does not require vacatur

State v. Liberatore, 4 Ohio St.3d 13 (Ohio 1983) (felony-murder requires proof of the underlying felony)
State v. Dench, 111 Ohio App. 39 (Ohio Ct. App. 1959) (intent at time of abduction is gravamen of abduction/kidnapping offense)
State v. Lovejoy, 79 Ohio St.3d 440 (Ohio 1997) (sanctity of jury verdict; inconsistency between counts does not justify upsetting verdict)
State v. Adams, 53 Ohio St.2d 223 (Ohio 1978) (conviction on some counts may stand despite acquittal on others)
State v. Hicks, 43 Ohio St.3d 72 (Ohio 1989) (each count in a multi-count indictment is independent; inconsistent verdicts do not mandate reversal)