(DOWNLOAD) "State v. Neer" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: State v. Neer
- Author : Supreme Court of Kansas
- Release Date : January 13, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by Edward E. Neer appeals the district court's refusal to modify
his sentence. In addition, Neer argues that there was
insufficient evidence to sustain his conviction for aggravated
criminal sodomy in case 86 CR 983 based on our holding in State
v. Moppin, 245 Kan. 639, Syl. ¶ 1, 783 P.2d 878 (1989), that
oral-genital stimulation between the tongue of a male and the
genital area of a female is not "sodomy" under K.S.A. 21-3501(2). Neer was charged with one count of aggravated criminal sodomy
(K.S.A. 21-3506) in case 86 CR 983 on June 20, 1986, and one
count of aggravated criminal sodomy and one count of indecent
liberties with a child (K.S.A. 21-3503) in case 86 CR 1462 on
September 17, 1986. At the State's request the cases were
consolidated for trial, and the defendant was convicted by a
jury. The trial judge sentenced the defendant on January 6, 1987,
to 15 years to life for each count of aggravated criminal sodomy
and to 5 to 20 years for indecent liberties, with sentences in
case 86 CR 1462 to run concurrent with each other but consecutive
to the sentence in case 86 CR 983.
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