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STATE v. TOSH

No. 89,042.

278 Kan. 83 (2004)

91 P.3d 1204

STATE OF KANSAS, Appellee, v. JOHNNY F. TOSH, II, Appellant.

Supreme Court of Kansas.

Opinion filed June 25, 2004.

Attorney(s) appearing for the Case

Korey A. Kaul, assistant appellate defender, argued the cause and was on the brief for appellant.

Linda E. DeWitt, special counsel, argued the cause, and Larry A. Markle, assistant county attorney, F. William Cullins, county attorney, and Phill Kline, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Johnny F. Tosh, II, was convicted of rape, aggravated sexual battery, and aggravated kidnapping. In an unpublished opinion, the Court of Appeals affirmed his convictions and remanded for resentencing. This court granted Tosh's petition for review on the single issue of prosecutorial misconduct.

The facts are set forth in the Court of Appeals' opinion, and they are not at issue as to this single...

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