STATE v. SHAY

No. 118,303.

437 P.3d 78 (2019)

STATE of Kansas, Appellee, v. Scott W. SHAY, Appellant.

Court of Appeals of Kansas.

February 8, 2019.


Attorney(s) appearing for the Case

Patrick H. Dunn , of Kansas Appellate Defender Office, for appellant.

Rebecca S. Craig , assistant county attorney, Jason A. Vigil , assistant county attorney, Elizabeth H. Sweeney-Reeder , county attorney, and Derek Schmidt , attorney general, for appellee.

Before Atcheson, P.J., Malone and Leben, JJ.


Scott W. Shay appeals his convictions of rape and aggravated criminal sodomy of S.P. He raises two issues on appeal. First, Shay claims that because the State failed to present sufficient evidence that S.P. was unconscious or physically powerless, one of the alternative means of committing both charges, both convictions must be reversed...

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