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STATE v. BERG

No. 89570-8.

337 P.3d 310 (2014)

181 Wn.2d 857

STATE of Washington, Respondent, v. Daylan Erin BERG, Petitioner. State of Washington, Respondent, v. Jeffrey S. Reed, Petitioner.

Supreme Court of Washington, En Banc.

November 13, 2014.

Attorney(s) appearing for the Case

Catherine E. Glinski , Glinski Law Firm PLLC, Manchester, WA, Casey Grannis , Nielsen Broman & Koch, PLLC, Nielsen Broman Koch PLLC, Attorney at Law, Seattle, WA, for Petitioner.

Rachael Rogers Probstfeld , Clark County Prosecuting Attorney's Office, Vancouver, WA, for Respondent.

MADSEN, C.J.

¶ 1 We consider whether there is sufficient evidence to support a kidnapping charge if the conduct constituting kidnapping is incidental to a separately charged crime of robbery. Defendants Daylan Berg and Jeffrey Reed were convicted of robbery in the first degree and kidnapping in the first degree in violation of RCW 9A.56.200 and RCW 9A.40.020. On appeal, Division Two of the Court of Appeals held that because the only evidence of kidnapping was...

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