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STATE v. NEWCOMB

No. 104,900.

298 P.3d 285 (2013)

STATE of Kansas, Appellee, v. Stacy Robert NEWCOMB, Appellant.

Supreme Court of Kansas.

March 22, 2013.

Attorney(s) appearing for the Case

Lydia Krebs , of Kansas Appellate Defender Office, was on the brief for appellant.

Kristafer R. Ailslieger , deputy solicitor general, and Derek Schmidt , attorney general, were on the brief for appellee.

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

Defendant Stacy Robert Newcomb appeals his convictions on one count of rape and one count of aggravated indecent liberties for his conduct with his third-grade stepdaughter, as well as his two consecutive Jessica's Law hard 25 life sentences.

Newcomb argues: (1) Rape is an alternative means crime, and the State's proof of at least one of the means on which the jury was instructed was insufficient; (2) aggravated...

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