State v. Miller, 304 P.3d 1221

Miller appeals after being convicted of rape of a 4-year-old and two counts of aggravated indecent liberties with a child, with three separate victims who are his daughters or stepchild.
The district court sentenced him under Jessica’s Law to three concurrent hard 25 life terms without parole for rape and aggravated indecent liberties.
Miller argues the State failed to prove alternative means for each conviction and seeks reversal on those grounds.
He also contends the concurrent life sentences violate § 9 of the Kansas Constitution Bill of Rights as to proportionality.
The State argues the statute’s ‘alternative means’ provisions describe situational circumstances within a single means rather than separate alternatives.
The court reviews the challenges de novo as questions of law and applies the Freeman three-factor test to the constitutional challenge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are there alternative means for rape under 21-3502(a)(2)?	Miller contends three alternative methods exist (finger, sex organ, object).	State argues those are options within a single means, not separate alternative means.	Not alternative means; rejection of reversal.
Are there alternative means for aggravated indecent liberties with a child under 21-3504(a)(3)(A)?	Miller asserts must prove intent to arouse both child and offender.	State argues the phrase describes a secondary element, not a separate element.	Not alternative means; alternative-means argument rejected.
Do Miller's three concurrent hard 25 life sentences violate § 9, Kansas Constitution Bill of Rights?	Miller claims disproportional punishment under Freeman factors.	State maintains sentences are not unconstitutional under the Freeman test.	No violation; sentences upheld.

State v. Britt, 295 Kan. 1018 (2012) (alternative means not implicated by penetrative options in statute)
State v. Seward, 296 Kan. 979 (2013) (rape against a child penalties; supports proportionality findings)
State v. Newcomb, 296 Kan. 1012 (2013) (Jessica’s Law penalties; Freeman factor analysis adopted)