State v. Bunyard

The opinion of the court was delivered by

Davis, J.:

Josiali R. Bunyard petitions this court for review of the Court of Appeals’ decision affirming his conviction of rape (K.S.A. 2004 Supp. 21-3502[a][l]) in State v. Bunyard, 31 Kan. App. 2d 853, 75 P.3d 750 (2003). We granted his petition on three issues: (1) joinder of three rape charges in one complaint, K.S.A. 22-3202(1); (2) an issue of first impression regarding whether it is rape when the initial penetration was consensual but consent was withdrawn and the intercourse continued for a period of time; and (3) prosecutorial misconduct…