State v. FitzgeraldAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing Defendant’s conviction for aggravated criminal sodomy, holding that the conviction was unsupported by sufficient evidence of the crime the State charged.
Defendant was found guilty by a jury of aggravated criminal sodomy, and the district court gave Defendant a life sentence. On appeal, Defendant challenged the charging document, which charged Defendant with causing the complainant “to engage in oral copulation with another person” under Kan. Stat. Ann. 21-5504(b)(2). The court of appeals reversed, relying on State v. Laborde, 360 P.3d 1080 (Kan. 2015), and State v. Dickson, 69 P.3d 549 (Kan. 2003). The State filed a petition for review, arguing that Dickson was wrongly decided and applied and that any error in the charging document was not reversible because it informed Defendant of the accusation he must defend against. The Supreme Court disagreed, holding (1) the State’s invitation to overrule Dickson is declined; and (2) the State did not present sufficient evidence of the crime of aggravated sodomy as charged under section 21-5504(b)(2).