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STATE v. FITZGERALD

No. 112,492.

423 P.3d 497 (2018)

STATE of Kansas, Appellee, v. Loarn Earl FITZGERALD II, Appellant.

Supreme Court of Kansas.

Opinion filed August 10, 2018.

Attorney(s) appearing for the Case

Michelle A. Davis , of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellant.

Ian T. Otte , deputy county attorney, argued the cause, and Christopher E. Smith , county attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellee.

In this appeal, the State challenges the Court of Appeals' decision to reverse the conviction of defendant Loarn Earl Fitzgerald, II, for aggravated criminal sodomy because insufficient evidence was presented of the crime as charged. We agree that reversal is necessary.

FACTUAL AND PROCEDURAL...

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