State v. Sitlington

The opinion of the court was delivered by

Rosen, J.:

George Sitlington appeals his conviction of one count of rape of his granddaughter when she was between the ages of 4 and 7, in violation of K.S.A. 2004 Supp. 21-3502. The Court of Appeals affirmed his conviction, and this court granted review.

We adopt the following statement of facts from the Court of Appeals’ unpublished opinion:

“In 2003, 7-year-old M.S. was removed from her parents’ custody and placed with her maternal grandmother, who eventually became M.S.’s permanent guardian. In December 2005, M.S. told her grandmother that Sitlington,…