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STATE v. SEWARD

No. 100,263.

217 P.3d 443 (2009)

STATE of Kansas, Appellee, v. Roy SEWARD, Appellant.

Supreme Court of Kansas.

October 2, 2009.

Attorney(s) appearing for the Case

Rachel L. Pickering, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Christina Trocheck, assistant county attorney, argued the cause, and Ellen Mitchell, county attorney, and Steve Six, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by BEIER, J.:

This is a sentencing appeal after defendant Roy Seward entered guilty pleas to two of eight charges, one count of rape and one count of aggravated criminal sodomy. The victim was Seward's young stepdaughter. Seward received concurrent hard 25 sentences under K.S.A. 21-4643 (Jessica's Law).

This appeal originally asserted that the sentences under Jessica's Law were cruel and/or unusual under the Eighth Amendment...

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