State v. Utterback

The opinion of the court was delivered by

McFarland, J.:

Michael W. Utterback appeals his jury trial convictions of two counts of forgery (K.S.A. 1993 Supp. 21-3710). The Court of Appeals held the counts were multiplicitous, affirmed one of the convictions, and reversed the other. 19 Kan. App. 2d 437, 871 P.2d 267 (1994). The matter is before us on the State’s petition for review. The sole issue before us is the propriety of the multiplicity determination.

The underlying facts are rather complex. It is sufficient for our purposes to state the following. Kim and John Manuel entered into a written…