CO 6 – 20SC758, Garcia v. People

Summary

The court reversed Garcia’s second-degree kidnapping conviction because the supplemental jury instruction defining “seizes and carries” as “any movement, however short in distance” omitted the statutory seizure and asportation requirements and was confusing and misleading. The errors were not harmless beyond a reasonable doubt because they allowed conviction without proof that Garcia controlled the victim or moved him from one place to another. The court also held that a substantial-increase-in-risk-of-harm standard is not an element that must be included in the jury instructions.