State v. Horn

Rulon, J.:

Isaac Horn, defendant, appeals his conviction of one count of aggravated sexual battery, K.S.A. 1994 Supp. 21-3518, a severity level 5, person felony. Specifically, defendant claims the district court did not have jurisdiction to convict or sentence him because he was charged with aggravated criminal sodomy, and aggravated sexual battery is not a lesser included offense of the crime charged. We reverse and remand with directions.

The facts of this case are not in dispute.

After spending the evening out drinking, the victim, D.R., invited defendant to her apartment. The victim and…