State v. Voyles

The opinion of the court was delivered by

Nuss, J.:

This multiple acts case provides us the opportunity to determine the continuing viability of our standard of review for the failure to “elect or instruct” as articulated in State v. Hill, 271 Kan. 929, Syl. ¶ 3, 26 P.3d 1267 (2001).

For Marshall M. Voyles, II’s conduct involving two girls in as many as five different locations, he was charged with and convicted of eight counts: two counts per girl for aggravated indecent solicitation of a child in violation of K.S.A. 21-3511 and two counts per girl of aggravated criminal sodomy in violation of…