KEIM v. STATE

No. 62,855

13 Kan. App. 2d 604 (1989)

777 P.2d 278

ROY A. KEIM, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed July 21, 1989.


Attorney(s) appearing for the Case

Thomas Jacquinot, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Ty Kaufman, county attorney and Robert T. Stephan, attorney general, for the appellee.

Before ABBOTT, C.J., BRAZIL and LEWIS, JJ.


ABBOTT, C.J.:

Roy A. Keim appeals from the trial court's denial of his K.S.A. 60-1507 motion, in which he alleged K.S.A. 21-3502(1)(c) is unconstitutionally vague.

On June 14, 1987, Keim attempted to have sexual intercourse with D.C., a thirty-year-old woman with Down's Syndrome. Psychological testing indicates D.C. has a functional age of between four and six years. D.C. and her roommate, J.G., also a mentally retarded adult, lived semi-independently in an...

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