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STATE v. GAONA

No. 98,822.

208 P.3d 308 (2009)

STATE of Kansas, Appellee, v. Rodolfo GAONA, Appellant.

Court of Appeals of Kansas.

May 29, 2009.

Attorney(s) appearing for the Case

Matthew J. Edge, of Kansas Appellate Defender Office, of Topeka, for appellant.

Tamara S. Hicks, assistant county attorney, John P. Wheeler, Jr., county attorney, and Steve Six, attorney general.

Before RULON, C.J., MALONE and GREENE, JJ.

GREENE, J.

Rodolfo M. Gaona appeals his convictions for two counts of rape and two counts of aggravated criminal sodomy, arguing error in the admission of certain testimony and in the exclusion of certain documentary evidence, instruction error, cumulative error, and sentencing error. We agree with Gaona that the district court erred in failing to give an instruction for the lesser included offense of attempted rape as to one of the rape charges, and we must therefore...

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