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STATE v. FLORENTIN

No. 104,883.

303 P.3d 263 (2013)

STATE of Kansas, Appellee, v. Nicholas Gene FLORENTIN, Appellant.

Supreme Court of Kansas.

June 14, 2013.

Attorney(s) appearing for the Case

Joanna Labastida , of Kansas Appellate Defender Office, was on the brief for appellant.

Evan C. Watson , county attorney, and Derek Schmidt , attorney general, were on the brief for appellee.

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

Defendant Nicholas Florentin was convicted of one count of rape in violation of K.S.A. 21-3502(a)(2) (sexual intercourse with a child under the age of 14), based on evidence that Florentin digitally penetrated a 13-year-old female when Florentin was 19 years old. On appeal, Florentin attacks his conviction, claiming that rape is an alternative means crime and the State failed to present sufficient evidence to...

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