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STATE v. FLOYD

No. 48,023

218 Kan. 764 (1976)

544 P.2d 1380

STATE OF KANSAS, Appellant, v. RALPH W. FLOYD, JR., Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1976.

Attorney(s) appearing for the Case

Stephen E. Robison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Keith Sanborn, district attorney, were with him on the brief for the appellant.

A. Jack Focht, of Smith, Shay, Farmer and Wetta, of Wichita, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal by the state in a criminal action in which the defendant-appellee, Ralph W. Floyd, Jr., was charged in the information with illegal possession of marijuana following a previous conviction for possession of marijuana contrary to K.S.A. 1974 Supp. 65-4127b (a). The issue presented on this appeal requires this court to construe 65-4127b (a) which provides as follows:

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