STATE v. BRYAN

No. 90,881.

281 Kan. 157 (2006)

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

Supreme Court of Kansas.

Opinion filed March 17, 2006.


Attorney(s) appearing for the Case

Virginia A. Girard-Brady, assistant appellate defender, argued the cause and was on the brief for appellant.

Paul E. Dean, assistant county attorney, argued the cause, and Ross R. McIlvain, county attorney, and Phill Kline, attorney general, were with him on the brief for appellee.


The opinion of the court was delivered by

LOCKETT, J.:

Randy Bryan appeals his conviction for lewd and lascivious behavior. The Court of Appeals affirmed his conviction. This court granted Bryan's petition for review.

FACTS

The facts are summarized from the Court of Appeals opinion:

"H.B. is the eldest daughter of defendant Bryan and was 13 years of age on the date of the offense charged. Her mother (Bryan's wife) awoke in the early...

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