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STATE v. APPLEBY

No. 98,017.

221 P.3d 525 (2009)

STATE of Kansas, Appellee, v. Benjamin A. APPLEBY, Appellant.

Supreme Court of Kansas.

November 20, 2009.

Attorney(s) appearing for the Case

Debra J. Wilson, of Capital and Conflicts Appellate Defender Office, argued the cause and was on the briefs for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Phill Kline, district attorney, and Steve Six, attorney general, were with him on the brief for appellee.

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

Benjamin A. Appleby was convicted of the attempted rape and capital murder of A.K., a 19-year-old college student, in Johnson County, Kansas.

The following issues are raised on appeal: (1) Are Appleby's convictions of capital murder and attempted rape multiplicitous, meaning his sentences for both convictions result in a double jeopardy violation? (2) Did the trial court violate Appleby's right against...

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