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STATE v. OCHS

No. 104,710.

306 P.3d 294 (2013)

STATE of Kansas, Appellee, v. Eric OCHS, Appellant.

Supreme Court of Kansas.

August 16, 2013.

Attorney(s) appearing for the Case

Joanna Labastida , of Kansas Appellate Defender Office, argued the cause, and Shawn E. Minihan , of the same office, was with her on the brief for appellant.

Patrick J. Hurley , assistant district attorney, argued the cause, and Charles E. Branson , district attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellee.

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

A jury convicted Eric Ochs of the rape of 11-year-old D.T. in violation of K.S.A. 21-3502(a)(2) (sexual intercourse with a child who is under 14 years of age). Because Ochs was older than 17 years, the crime was an off-grid person felony per K.S.A. 21-3502(c). The district court sentenced him to a "hard 25" lifetime prison term under K.S.A. 21-4643(a)(1)(B). He now directly appeals under K.S.A. 22-3601(b).

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