o. 18CA1121
Pueblo County District Court No. 16CR2182
Honorable Kimberly Jo Karn, Judge


The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcello Enrique Pratarelli,

Defendant-Appellant.


             JUDGMENT AFFIRMED IN PART, VACATED IN PART,
                AND CASE REMANDED WITH DIRECTIONS

                                 Division III
                          Opinion by JUDGE DUNN
                       Román and Casebolt*, JJ., concur

                        Announced February 27, 2020


Philip J. Weiser, Attorney General, Paul E. Koehler, First Assistant Attorney
General, Daniel E. Rheiner, Assistant Attorney General Fellow, Denver,
Colorado, for Plaintiff-Appellee

The Noble Law Firm, LLC, Antony Noble, Taylor Ivy, Lakewood, Colorado, for
Defendant-Appellant


*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art.
VI, § 5(3), and § 24-51-1105, C.R.S. 2019.
¶1    Defendant, Marcello Enrique Pratarelli, appeals his judgment

 of conviction entered on jury verdicts finding him guilty of first

 degree kidnapping, second degree kidnapping, use of a stun gun,

 and third degree assault. Because insufficient evidence supports it,

 we vacate the first degree kidnapping conviction. But we affirm the

 remaining convictions.

               I.   Background and Procedural History

¶2    Mr. Pratarelli and his wife separated in September 2016. After

 the separation, they agreed to jointly parent their three-year-old

 daughter. But they didn’t obtain a parenting time (or custody)

 order. Instead, they proceeded under an informal, flexible

 parenting arrangement that varied from week to week, depending

 on their respective schedules. Under this arrangement, on days

 that Mr. Pratarelli parented their daughter, he usually kept her

 overnight and returned her to daycare the next morning.

¶3    At trial, Mr. Pratarelli and his wife agreed that, consistent with

 their parenting arrangement, Mr. Pratarelli picked their daughter

 up from daycare on the after