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STATE v. BROOKS

No. 102,452.

317 P.3d 54 (2014)

298 Kan. 672

STATE of Kansas, Appellee, v. George James BROOKS, III, Appellant.

Supreme Court of Kansas.

January 24, 2014.

Attorney(s) appearing for the Case

Lydia Krebs , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Natalie A. Chalmers , assistant solicitor general, argued the cause, and Jodi Litfin , assistant district attorney, Chadwick J. Taylor , district attorney, and Steve Six , attorney general, were with her on the briefs for appellee.

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

George James Brooks, III, was convicted of one count of rape under K.S.A.2005 Supp. 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"), two counts of blackmail, and one count of breach of privacy. The Court of Appeals reversed Brooks' convictions for

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