STATE v. PENN

No. 98,449.

201 P.3d 752 (2009)

STATE of Kansas, Appellee, v. Tyler C. PENN, Appellant.

Court of Appeals of Kansas.

February 27, 2009.


Attorney(s) appearing for the Case

Rachel Pickering, of Kansas Appellate Defender Office, for appellant.

Kristi L. Barton, assistant district attorney, Nola Tedesco Foulston, district attorney, and Stephen N. Six, attorney general, for appellee.

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


GREEN, J.

Tyler Penn appeals from his jury trial convictions and sentences for four counts of rape and one count of sexual battery. Penn first argues that the trial court erred in excluding evidence of victim N.R.'s dishonesty. We disagree. Because Penn never established a sufficient foundation to introduce opinion testimony and evidence of N.R.'s general reputation for untruthfulness in the community where she lived under K.S.A. 60-446, the trial court properly excluded...

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