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STATE v. HORN

No. 71,308

20 Kan. App. 2d 689 (1995)

STATE OF KANSAS, Appellee, v. ISAAC D. HORN, Appellant.

Court of Appeals of Kansas.

Opinion filed March 24, 1995.

Attorney(s) appearing for the Case

J. Patrick Lawless, Jr., assistant appellate defender, Wade Breaux, student intern, Max Rowinsky, special appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Kerwin L. Spencer, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRISCOE, C.J., RULON and GREEN, JJ.

RULON, J.:

Isaac Horn, defendant, appeals his conviction of one count of aggravated sexual battery, K.S.A. 1994 Supp. 21-3518, a severity level 5, person felony. Specifically, defendant claims the district court did not have jurisdiction to convict or sentence him because he was charged with aggravated criminal sodomy, and aggravated sexual battery is not a lesser included offense of the crime charged. We reverse and...

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