The Kansas Supreme Court today upheld the conviction and sentence of a Wyandotte County defendant in an aggravated criminal sodomy case involving a child under 14 years old.
The Kansas Supreme Court affirmed the conviction of Cody Breeden, and the hard-25 sentence he received. The 2009 incident involved a 10-year-old boy, according to documents. The defendant was 21 years old at the time.
The unanimous court decision found that four of the defendant's five contentions of error lacked merit or were not preserved for appeal. The court agreed that a sentencing provision for lifetime post-release supervision was error and remanded the case to delete it.
The court's decision is online at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130614/104475.pdf.