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STATE v. BRYAN

No. 90,881.

33 Kan.App. 2d 382 (2004)

102 P.3d 496

STATE OF KANSAS, Appellee, v. RANDY JAMES BRYAN, Appellant.

Court of Appeals of Kansas.

Opinion filed December 23, 2004.

Attorney(s) appearing for the Case

Virginia A. Girard-Brady, assistant appellate defender, for appellant.

Paul E. Dean, assistant county attorney, and Phill Kline, attorney general, for appellee.

Before GREENE, P.J., MARQUARDT, J., and BUKATY, S.J.

Aff'd 281 Kan. 157, ___ P.3d ___ (2006).

GREENE, J.:

Randy Bryan appeals his conviction of lewd and lascivious behavior, claiming insufficient evidence and failure to instruct on lesser included offenses. His principal argument is that such behavior is no completed crime when the victim is asleep, and that the evidence supported only an attempt to commit lewd and lascivious behavior. We reject Bryan's argument and affirm his...

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