KS Supreme Court Upholds Seward County Conviction

In the matter of the State of Kansas v. Michael Ramirez, Appeal No. 102,421, affirming the Seward County convictions for aggravated burglary, criminal restraint, and endangering a child. A unanimous court held that the trial court had jurisdiction to convict Ramirez of the uncharged crime of criminal restraint, in lieu of the charged crime of kidnapping, because criminal restraint is a lesser degree of kidnapping and constitutes a lesser included crime pursuant to K.S.A. 21-3107(2)(A).

http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140425/102421.pdf