State v. Boozer, 210 N.C. App. 371 (Mar. 15, 2011)

The trial court erred by instructing the jury that it need only find that the restraint or removal aspect of the kidnapping “was a separate, complete act independent of and apart from the injury or terror to the victim.” As such, it did not distinguish between the restraint as a part of the kidnapping and any restraint or removal that was part of the assault or robbery of the victim. However, because the evidence indicates that the assault stopped before the victim’s removal, the court determined that this error was not prejudicial.