State v. Parker, 237 N.C. App. 546 (Dec. 2, 2014)

In a case in which the defendant was convicted of kidnapping, rape and sexual assault, because the restraint supporting the kidnapping charge was inherent in the rape and sexual assault, the kidnapping conviction cannot stand. The court explained:

Defendant grabbed Kelly from behind and forced her to the ground. Defendant put his knee to her chest. He grabbed her hair in order to turn her around after penetrating her vaginally from behind, and he put his hands around her throat as he penetrated her vaginally again and forced her to engage him in oral sex. Though the amount of force used by Defendant in restraining Kelly may have been more than necessary to accomplish the rapes and sexual assault, the restraint was inherent “in the actual commission” of those acts. Unlike in Fulcher, where the victims’ hands were bound before any sexual offense was committed, Defendant’s acts of restraint occurred as part of the commission of the sexual offenses. (citation omitted).