State v. Toothman

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 114,944 STATE OF KANSAS, Appellee, v. LARRY LAVERNE TOOTHMAN, Appellant. SYLLABUS BY THE COURT 1. When an appellate court raises a new issue sua sponte, counsel for all parties should be afforded a fair opportunity to brief the new issue and to present their positions to the appellate court before the issue is finally determined. 2. Since 1993, the aggravated incest statute criminalizes "[o]therwise lawful sexual intercourse or sodomy" with certain prohibited persons. K.S.A. 2011 Supp. 21- 5604(b)(2)(A). Under this definition, aggravated incest…