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STATE v. NUNEZ

No. 102,377.

316 P.3d 717 (2014)

298 Kan. 661

STATE of Kansas, Appellee, v. Armando NUNEZ, Appellant.

Supreme Court of Kansas.

January 24, 2014.

Attorney(s) appearing for the Case

Deborah L. Hughes , of Kansas Appellate Defender Office, argued the cause, and Ryan Eddinger , of the same office, was on the brief for appellant.

Tamara S. Hicks , assistant county attorney, argued the cause, and Lora D. Ingels and Lois K. Malin , assistant county attorneys, and John P. Wheeler, Jr. , county attorney, and Steve Six , former attorney general, and Derek Schmidt , attorney general, were on the briefs for appellee.

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

Armando Nunez was convicted of rape in violation of K.S.A. 21-3502(a)(1)(A) (defining rape as "[s]exual intercourse with a person who does not consent to the sexual intercourse" under circumstances "[w]hen the victim is overcome by force or fear"). On appeal before the Court of Appeals, he argued that the phrase "force or fear" in K.S.A. 21-3502(a)(1)(A) establishes alternative means of committing rape, requiring...

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