State v. Miller
Annotate this CaseAfter a jury trial, Defendant was convicted of rape and two counts of aggravated indecent liberties with a child. The district court, pursuant to Jessica's law, sentenced Defendant to three concurrent hard twenty-five life sentences. The Supreme Court affirmed Defendant's convictions and sentences, holding (1) Defendant was not entitled to a reversal of his rape conviction based on the State's failure to prove the alternative methods of engaging in sexual intercourse, as the alternative methods are not alternative means, and therefore, this was not an alternative means case triggering jury unanimity concerns; (2) Defendant was not entitled to reversal of his aggravated indecent liberties with a child convictions because his alternative means argument for these convictions was also without merit; and (3) Defendant's sentences did not violate the prohibition against the infliction of cruel or unusual punishment found in the Kansas Constitution Bill of Rights.
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