State v. Potts

The opinion of the court was delivered by

Davis, J.:

Russell A. Potts was convicted by a jury of rape, aggravated criminal sodomy, criminal threat, and two counts of domestic battery. The Court of Appeals reversed the criminal threat conviction holding that it was multiplicitous with the convictions for either rape or aggravated criminal sodomy but rejected defendant’s contention that one of his domestic battery convictions was also multiplicitous with his convictions for either rape or aggravated criminal sodomy. State v. Potts, 34 Kan. App. 2d 329, 118 P.3d 692 (2005). We granted the State’s…