The opinion of the court was delivered by
HERD, J.:
The State appeals upon questions reserved and from the dismissal of criminal charges against Michael D. Costner pursuant to K.S.A. 1986 Supp. 22-3602(b)(1) and (3).
On January 21, 1986, Costner was charged with three counts of the sale of marijuana, K.S.A. 1986 Supp. 65-4127b(b)(3), and one count of possession of marijuana with the intent to sell, K.S.A. 1986 Supp. 65-4127b(b)(3).
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