The Kansas Supreme Court Friday ruled in favor of the state for the most part in another child sex case.
They upheld two of six convictions for 32-year-old Edward Spears III. The McPherson man was found guilty in Reno County of 6-counts of aggravated indecent liberties and sentenced to serve 51-years in prison. The case involved lewd fondling or touching of the then 8-year-old girl in August or September of 2007.
This is another case where the defendant appealed on grounds of the state presenting prior acts of sexual misconduct for the purpose of proving intent. But, the high court ruled that any error in the admission of evidence of the prior acts did not affect his substantial rights and doesn’t warrant reversal.
However, the court did agree with Spear’s argument that there was not sufficient evidence to support four of the six convictions of aggravated indecent liberties with a child, so they reversed those four convictions.
They also ruled that the life sentences on the other two counts does not violate the Kansas Constitution or the bill of rights.
They did change the lifetime post release supervision added to his sentence down to normal parole assuming he’s ever paroled.
This is the fourth time in recent weeks that the high court has upheld a conviction in a child sex case from Reno County.