The Kansas Court of Appeals Friday upheld the conviction and sentence for a 52-year-old Hutchinson man convicted of breaking into a Hutchinson woman’s apartment, and being caught naked twice.

Carl Bengston was given 187-months for the four counts which included two counts of aggravated burglary, and two counts of lewd and lascivious behavior, That translates to roughly 15 and half years in prison.

Bengston in his appeal claims there was insufficient evidence to convict him of the two charges of lewd and lascivious behavior. He also claims that court erred when they denied his motion to suppress, denied his motion to question jurors and admitted evidence of prior crimes. He claims that all these issues denied him a fair trial. But, the court in their unpublished opinion says there is no merit to any of his claims and upheld the conviction.

The crimes occurred back on January 3rd, and April 10, of 2009. He was also convicted of a misdemeanor count of theft for taking at least one pair of panties. He allegedly had the pair stuffed down his pants when booked into the Reno County Jail.

The victim in the case caught him in her apartment and he quickly ran out. He was naked when she came home after staying with a friend. She had her infant son with her at the time. About 4-months earlier, a friend of hers was sleeping in her apartment after he and his fiancee had just returned from an overseas trip. His fiancee, and the occupant of the apartment had gone shopping and he stayed behind and slept because of jet lag. He was awaken after hearing a noise only to see a naked man in the apartment. The man quickly ran out. The jury believed the states contention that the man he saw was Bengston.