State v. Turner
Annotate this CaseAfter a jury trial, Defendant Ranell Turner was convicted of rape, aggravated criminal sodomy, criminal threat, and kidnapping. Turner had two prior conviction events for rape and one prior conviction event for aggravated criminal sodomy and for deviant sexual assault. At sentencing, the district court classified Turner as an aggravated habitual sex offender and sentenced him to life imprisonment without parole for the rape and aggravated criminal sodomy convictions under Kan. Stat. Ann. 21-4642. Turner appealed, arguing that two other statutes also governed his convictions and sentences that had more lenient sentences. The Supreme Court vacated Turner's sentence after finding that Kan. Stat. Ann. 21-4704 and section 21-4642 overlapped and applying the rule that when the legislature allows two conflicting statutory provisions to coexist, the rule of lenity applies and the courts must follow the statutory provision more favorable to the accused. Remanded for imposition of sentence under section 21-4704.
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