State v. Cartwright

In State v. Cartwright, 177 N.C. App. 531, 629 S.E.2d 318 (2006), the defendant "began and concluded his rape of the victim in the den. Because the crime of rape occurred wholly in the den, we found that there was insufficient evidence of confinement, restraint, or removal. Accordingly, the Court vacated the conviction of kidnapping." Id. at 537, 629 S.E.2d at 323. There was no evidence of confinement, restraint, or removal, other than that which is inherent to the offense of rape itself. Accordingly, the Court vacate defendant's kidnapping conviction.