CLEMENS, Senior Judge.
A jury found defendant Avery Mason guilty of kidnapping his eight-year-old niece; on appeal he contends the court erred in refusing his instruction on false imprisonment. He argues this is a lesser included offense. We do not agree.
Defendant neither testified nor challenges the state's evidence. It was that defendant woke the victim, forcibly led her into his car, tied her hands, drove off and had sexual intercourse with her, vaginally...
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