STATE v. BONILLA

No. COA10-351.

706 S.E.2d 288 (2011)

STATE of North Carolina v. Yony Orellan BONILLA.

Court of Appeals of North Carolina.

February 15, 2011.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Danielle Marquis Elder , for the State.

Parish, Cooke & Condlin, by James R. Parish , for defendant-appellant.


BRYANT, Judge.

Where defendant bound and gagged the assault victim, threatened to kill him, and then sexually assaulted him, we uphold the trial court's denial of defendant's motion to dismiss the charge of first-degree kidnapping. Where the evidence established that the murder victim died as a result of strangulation and suffocation, with fracture of the thoracic spine as a contributing factor, and where the evidence established...

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