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STATE v. BERRIOZABAL

No. 100,291.

243 P.3d 352 (2010)

STATE of Kansas, Appellee, v. Jesus BERRIOZABAL, Appellant.

Supreme Court of Kansas.

December 10, 2010.

Attorney(s) appearing for the Case

Christina M. Waugh , of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellant.

Ellen Mitchell , County Attorney, and David Lowden , Sedgwick County Assistant District Attorney, argued the cause, and Christine Trocheck , Assistant County Attorney, Ellen Mitchell , County Attorney, and Steve Six , Attorney General, were on the briefs for appellee.

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

Appealing from jury convictions of one count of rape, one count of attempted rape, and two counts of aggravated criminal sodomy, Jesus Berriozabal argues his convictions should be reversed because the district court erred by admitting evidence of prior uncharged sexual conduct between Berriozabal and the complaining witness, by denying his motion for a psychological examination of the complaining witness, and...

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