State v. Belcher

The opinion of the court was delivered by

Six, J.:

This is a lesser included offense case. At issue is the application of the second prong of State v. Fike, 243 Kan. 365, 757 P.2d 724 (1988). The State charged Michael Todd Belcher with one count each of rape (K.S.A. 21-3502[a][2], sexual intercourse with a child under 14) and aggravated criminal sodomy (K.S.A. 21-3506). Belcher allegedly had sexual intercourse with his 12-year-old stepsister, E.P. on August 15, 1995. A jury acquitted Belcher on both the rape and sodomy charges but convicted him of what the district court ruled was a lesser…