STATE v. BREEDEN

No. 104,475.

304 P.3d 660 (2013)

STATE of Kansas, Appellee, v. Cody BREEDEN, Appellant.

Supreme Court of Kansas.

June 14, 2013.


Attorney(s) appearing for the Case

Matthew J. Edge , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Jennifer S. Tatum , assistant district attorney, argued the cause, and Michael A. Russell , chief deputy district attorney, Jerome A. Gorman , district attorney, and Derek Schmidt , attorney general, were on the brief for appellee.


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

Cody Breeden appeals his conviction for aggravated criminal sodomy of a child under the age of 14 and his sentence of life imprisonment with a mandatory minimum term of imprisonment of not less than 25 years. Breeden raises five issues: (1) The trial court erred by failing to instruct the jury on attempted aggravated criminal sodomy as a lesser included offense; (2) the trial court erred by failing to give a limiting...

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