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PATTERSON v. STATE

No. 60,451

12 Kan. App. 2d 731 (1988)

754 P.2d 1207

DONALD PATTERSON, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed May 27, 1988.

Attorney(s) appearing for the Case

Mark A. Orr, of Hutchinson, and Kim D. Steele, of Wichita, for appellant.

Mona Furst and Geary N. Gorup, assistant district attorneys, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before ABBOTT, C.J., REES and RULON, JJ.

REES, J.:

Donald Patterson appeals from the denial of his K.S.A. 60-1507 motion prosecuted on the assertion that the trial court was without jurisdiction to convict him of aggravated sexual battery, a class D felony (K.S.A. 1987 Supp. 21-3518[1][a], [2]), upon his trial on an information charging rape, a class B felony (K.S.A. 1987 Supp. 21-3502[1][a], [2]). We affirm.

The jury was instructed on the elements of rape and on the elements of aggravated sexual...

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