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STATE v. SMYSER

No. 105,077.

299 P.3d 309 (2013)

STATE of Kansas, Appellee, v. Robert F. SMYSER, Appellant.

Supreme Court of Kansas.

April 26, 2013.

Attorney(s) appearing for the Case

Meryl Carver-Allmond , of Capital Appellate Defender Office, was on the briefs for appellant.

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

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

Robert F. Smyser appeals his conviction for aggravated criminal sodomy. He asserts four issues: (1) an alternative means argument based upon K.S.A. 21-3501(2), which is the statutory definition for criminal sodomy; (2) whether a jury instruction incorrectly recited the State's burden of proof; (3) whether the sentencing court erred by imposing electronic monitoring and an order for no contact with the victim; and...

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