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STATE OF KANSAS v. CLETIS R. O'QUINN
Case Number: 118,977
Judge: Before STANDRIDGE, P.J., PIERRON and ATCHESON, JJ.
Court: COURT OF APPEALS OF THE STATE OF KANSAS
Plaintiff's Attorney: Matt J. Maloney, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general
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Following a jury trial, Cletis R. O'Quinn was convicted of one count each of aggravated kidnapping, aggravated sexual battery, and aggravated battery. All three counts were found to be acts of domestic violence. The district court sentenced O'Quinn to 620 months in prison and ordered him to pay $99 in restitution. O'Quinn now appeals, claiming that (1) the State violated his statutory and constitutional rights to a speedy trial, (2) his trial counsel was ineffective because he failed to contemporaneously object to evidence of prior sexual misconduct, (3) he is entitled to a remand for a Van Cleave hearing to determine whether his trial and posttrial counsel were ineffective for
failing to introduce into evidence an allegedly exculpatory DNA test from his prior convictions, (4) K.S.A. 2018 Supp. 60-455(d) violates sections 10 and 18 of the Kansas Constitution Bill of Rights, and (5) the district court erred when it ordered him to pay $99 in restitution.
Outcome: Finding no error, we affirm in part and dismiss in part.