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STATE v. COLSTON

No. 100,005.

235 P.3d 1234 (2010)

STATE of Kansas, Appellee, v. Sanford COLSTON, Appellant.

Supreme Court of Kansas.

July 23, 2010.

Attorney(s) appearing for the Case

Rachel L. Pickering, of Kansas Appellate Defender Office, argued the cause, and Carl Folsom, III, of the same office, was on the brief for appellant.

Sheryl L. Lidtke, deputy district attorney, argued the cause, and Jerome A. Gorman, district attorney, and Steve Six, attorney general, were with her on the brief for appellee.

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

Sanford Colston appeals his convictions of rape, aggravated criminal sodomy, and aggravated indecent liberties with a child. Colston claims: (1) The trial court erred when it failed to give a unanimity instruction even though the State presented evidence of multiple acts supporting each count; (2) his conviction of aggravated indecent liberties with a child should be vacated because it is a lesser included offense...

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