State v. Camara
State v. Camara, 2023 UT App 106 (Oliver, J.)
After a jury found Camara guilty of aggravated kidnapping, the district court granted Camara’s motion to arrest judgment, reducing his aggravated kidnapping conviction from a 1st degree felony to a 3rd degree felony. The Court of Appeals reversed, holding:
- The district court erred in reducing Camara’s conviction. The evidence of the restraint and detention was sufficient for 1st degree kidnapping, because the victim had been exposed to a “real” or “actual” risk of bodily injury from vehicular traffic.
- Practice tip: In a footnote, the court acknowledged that some level of exposure to risk of bodily injury is inherent in daily life. But here, the risk was a function of victim struggling to flee in a 4-lane road where cars were moving 45 mph.