McHENRY v. STATE

No. 97,202.

177 P.3d 981 (2008)

Charles McHENRY, Jr., Appellee, v. STATE of Kansas, Appellant.

Court of Appeals of Kansas.

February 29, 2008.


Attorney(s) appearing for the Case

Jess W. Hoeme, county attorney, and Paul J. Morrison, attorney general, for appellant.

Linda M. Barnes-Pointer, of Junction City, for appellee.

Before MARQUARDT, P.J., GREEN and LEBEN, JJ.


MARQUARDT, P.J.

The State appeals the district court's grant of Charles McHenry, Jr.'s K.S.A. 60-1507 motion, finding he received ineffective assistance of trial counsel. We affirm.

In February 2001, McHenry was charged with one count of aggravated indecent liberties with a child, one count of criminal sodomy, one count of rape, and one count of aggravated criminal sodomy. The alleged victim was his daughter, N., who was 13 years old at the time.

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