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STATE v. WALDSCHMIDT

No. 59,839

12 Kan. App. 2d 284 (1987)

740 P.2d 617

STATE OF KANSAS, Appellee, v. LAWRENCE WALDSCHMIDT, JR., Appellant.

Court of Appeals of Kansas.

Petition for review denied September 9, 1987.

Attorney(s) appearing for the Case

Glenn R. Braun, of Glassman, Bird & Braun, of Hays, for the appellant.

David O. Baumgartner, of Sullivan & Sullivan, of Phillipsburg, Paul R. Oller, assistant county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before BRISCOE, P.J., WILLIAM D. CLEMENT, District Judge, assigned, and WILLIAM M. COOK, District Judge, assigned.

BRISCOE, J.:

This is a direct appeal by Lawrence Waldschmidt, Jr., from his jury conviction of possession of marijuana with intent to sell (K.S.A. 1986 Supp. 65-4127b[a][3]) and possession of drug paraphernalia (K.S.A. 65-4152[2]).

The sole issue on appeal is whether the trial court erred in denying defendant's motion to suppress evidence seized pursuant to a search warrant.

At a hearing on defendant's motion to suppress, Sheriff J. Dean Ochs of Trego...

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