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STATE v. LOWDEN

Nos. 95,564, 95,664.

174 P.3d 895 (2008)

STATE of Kansas, Appellee/Cross-appellant, v. Kenneth E. LOWDEN, Appellant/Cross-appellee.

Court of Appeals of Kansas.

January 11, 2008.

Attorney(s) appearing for the Case

Carl F.A. Maughan, of Maughan Hitchcock Intagliata LC, of Wichita, for appellant/cross-appellee.

Matthew J. Edge, of Kansas Appellate Defender Office, for appellant/cross-appellee.

Lesley A. Isherwood, assistant district attorney, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, for appellee/cross-appellant.

Before CAPLINGER, P.J., McANANY, J., and BRAZIL, S.J.

McANANY, J.

In May 2004, 13-year-old V.D. was walking home from school with her friends L.H. and R.C. A man driving an ice cream truck stopped and offered them ice cream. The truck was decorated with white and black markings similar to those on a cow. The man offered the children free ice cream if V.D. would expose her breasts. V.D. declined. The children later provided a description of the ice cream truck driver that fit Kenneth E. Lowden.

On another occasion...

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