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STATE v. ELNICKI

No. 89,003.

32 Kan.App. 2d 266 (2003)

80 P.3d 1190

STATE OF KANSAS, Appellee, v. JUSTIN D. ELNICKI, Appellant.

Court of Appeals of Kansas.

Opinion filed December 31, 2003.

Attorney(s) appearing for the Case

Patrick H. Dunn, assistant appellate defender, for the appellant.

Deborah Hughes, assistant district attorney, Robert D. Hecht, district attorney, and Phill Kline, attorney general, for the appellee.

Before PIERRON, P.J., GREENE, J., and JONES, S.J.

PIERRON, J.:

Justin D. Elnicki appeals his conviction by a jury of one count of rape and one count of aggravated criminal sodomy. Elnicki challenges the sufficiency of the evidence, submission of certain evidence, prosecutorial misconduct, and sentencing. We affirm.

According to testimony presented at trial, at approximately 2 a.m., J.A. rode a bike to a Kwik Shop in north Topeka to use the pay phone. While...

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