State v. Montgomery

Elliott, J.:

Pemell Montgomeiy appeals his convictions of aggravated robbery and attempted rape.

We affirm in part and reverse in part.

While walking on the street that was on the west edge of Gage Park in Topeka early one morning, A.D. said, “good morning” to a young man who was jogging. A short time earlier she had noticed a KCI Roadrunner van backed into a park driveway. She was later grabbed from behind by a man who said he had a knife. He told her he would cut her throat if she did not do as he demanded. She recognized the clothing and voice as belonging to the man she had spoken to earlier.