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STATE v. McCUNE

No. 102,883.

330 P.3d 1107 (2014)

STATE of Kansas, Appellee, v. Johnathan David McCUNE, Appellant.

Supreme Court of Kansas.

July 18, 2014.

Attorney(s) appearing for the Case

Michael J. Bartee , of Michael J. Bartee, P.A., of Olathe, argued the cause and was on the briefs for appellant, and Johnathan D. McCune was on a supplemental brief pro se.

Steven J. Obermeier , assistant district attorney, argued the cause, and Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellee.

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

After a jury convicted Johnathan McCune of two counts of rape of a child under 14, the district court sentenced him in accordance with Jessica's Law, K.S.A. 21-4643, to two consecutive life sentences with no possibility of parole for 1,098 months. McCune appeals, alleging the district court erroneously admitted evidence, placed an unconstitutional condition on his defense, and abused its discretion by refusing...

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