Predatory Offender Registration Applies to Kidnapping Committed to Collect Ten Day Old Drug Debt.

State v. Lopez, Minn.Ct.App., 4/28/2009.  The Lopez brothers arranged to sell a quantity of methamphetamine to a fellow who turned out to be a confidential informant.  The agreed upon price was $600.00.  When the deal went down, the CI not only purchased the drugs for $600.00; he went on to broker a side deal for a bit more meth, for three hundred more dollars to be paid at a later date.  Ten days later the CI called his law enforcement minder to report that Mr. Lopez was holding him hostage in lieu of payment of the balance.  The deputy coughed up the money but made Mr. Lopez drive over to the local ball field to collect it; Mr. Lopez took the CI along with him.  The state charged Mr. Lopez with aiding and abetting the drug offense and with aiding and abetting kidnapping.  Mr. Lopez negotiated a plea to the drugs and a dismissal of the kidnapping.

The trial court said that Mr. Lopez had to register as a predatory offender because the drugs conviction arose out of the same circumstances as the kidnapping charges.  Minn.Stat. 243.166, subd. 1b(a)(1).  The appellate court was okay with that conclusion.  The complaint had charged Mr. Lopez with aiding and abetting kidnapping for the purpose of facilitating the commission of a felony, in this case, the drugs offense.  It didn't matter that the drug offense was complete after the first meeting; the meeting and delivery ten days later of the remaining $300.00 was just a completion of the completed drug offense. 

Mr. Lopez has to register.