STATE v. SCHREINER

No. 104,149.

264 P.3d 1033 (2011)

46 Kan. App. 2d 778

STATE of Kansas, Appellee, v. Joshua H. SCHREINER, Appellant.

Court of Appeals of Kansas.

November 4, 2011.


Attorney(s) appearing for the Case

Lydia Krebs , of Kansas Appellate Defender Office, for appellant.

Matt J. Maloney , assistant district attorney, Nola Tedesco Foulston , district attorney, and Derek Schmidt , attorney general, for appellee.

Before ATCHESON, P.J., MALONE and McANANY, JJ.


ATCHESON, J.

This case requires the court to look at alternative means challenges Defendant Joshua H. Schreiner asserts to convictions for raping and sodomizing his teenage daughter. As to the rape conviction, Schreiner contends the statutory language criminalizing "penetration" of the female genitalia by "a finger, the male sex organ, or any object" creates alternative means of committing the offense. We disagree. As to the aggravated criminal sodomy conviction,...

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