State v. Weber
Annotate this CaseAfter a jury trial, Defendant was convicted of rape and attempted rape and sentenced to two terms of life in prison without parole as an aggravated habitual sex offender. The Supreme Court reversed Defendant's conviction for attempted rape and vacated the remaining rape conviction, holding (1) Defendant's convictions for rape and attempted rape were multiplicitous in violation of the Double Jeopardy Clause of the Fifth Amendment and section 10 of the Kansas Constitution Bill of Rights; (2) the reversal of the attempted rape conviction rendered moot Defendant's challenge to the jury instruction on that count; (3) rape is not an alternative means crime; and (4) the aggravated habitual sex offender provisions of Kan. Stat. Ann. 21-4642 are constitutional. Remanded for a determination of whether the State established that Defendant meets the statutory definition of an aggravated habitual sex offender under section 21-4642.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.