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STATE v. CLARY

No. 104,356.

270 P.3d 1206 (2012)

47 Kan. App. 2d 38

STATE of Kansas, Appellee, v. Joshua Mitchell CLARY, Appellant.

Court of Appeals of Kansas.

February 17, 2012.

Attorney(s) appearing for the Case

Michelle Davis , of Kansas Appellate Defender Office, for appellant.

Michael Gayoso, Jr. , county attorney, and Derek Schmidt , attorney general, for appellee.

Before PIERRON, P.J., GREEN and BUSER, JJ.

PIERRON, J.

Joshua Clary appeals from his jury trial convictions of aggravated kidnapping, rape, and criminal threat. On appeal, Clary argues that (1) the State failed to present sufficient evidence to support a unanimous jury decision for alternative means involving the victim and another under the trial court's jury instructions for aggravated kidnapping; (2) the trial court erred by denying his request for a mistrial based on witness testimony presented by the...

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