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STATE v. THOMAS

No. 119,240.

488 P.3d 517 (2021)

STATE of Kansas, Appellee, v. Dylan Montell THOMAS, Appellant.

Supreme Court of Kansas.

Opinion filed June 18, 2021.

Attorney(s) appearing for the Case

Peter Maharry , of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellant.

Daniel G. Obermeier , assistant district attorney, argued the cause, and Lois Malin , assistant district attorney, Mark A. Dupree Sr. , district attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellee.

Dylan Montell Thomas appealed his convictions for rape, criminal threat, sexual battery, and battery. After the Court of Appeals affirmed those convictions, we granted review of one issue. Thomas claims the Kansas rape statute—and hence the jury instruction

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