State v. Duncan

Royse, J.:

Jeffery S. Duncan was charged with committing two counts of rape and four counts of aggravated criminal sodomy on his 4-year-old daughter, C.D. The jury found Duncan guilty on all six counts, and the district court sentenced him to a controlling sentence of 154 months under the Kansas Sentencing Guidelines Act (KSGA). Duncan appeals.

Duncan’s first argument on appeal is that the district court erred in allowing the State to comment on Duncan’s evidence in its opening statement. Duncan’s argument concerns the State’s reference in opening statement to two witnesses the defense would…