Supreme Court of Kansas April 21, 2000, 78,369 (State v. Belcher)

The opinion of the court was delivered by

Six, J.:

This is a lesser included offense case. At issue is the application of the second prong of

State v. Fike,

243 Kan. 365, 757 P.2d 724

(1988).

The State charged Michael Todd Belcher with one count each of rape (K.S.A. 21-3502[a][2], sexual intercourse with a child under 14) and aggravated criminal sodomy (K.S.A. 21-3506).