State v. Knight, 245 N.C. App. 532 (Feb. 16, 2016)

modified and affirmed on other grounds, 369 N.C. 640 (Jun. 9, 2017)

(1) Where a kidnapping indictment alleged that the defendant confined and restrained the victim for purposes of facilitating a forcible rape, the State was not required to prove both confinement and restraint. (2) In a case where the defendant was charged with sexual assault and kidnapping, there was sufficient evidence of restraint for purposes of kidnapping beyond that inherent in the assault charge. Specifically, the commission of the underlying sexual assault did not require the defendant to seize and restrain the victim and to carry her from her living room couch to her bedroom.