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STATE v. WINDES

No. 63,092

13 Kan. App. 2d 577 (1989)

776 P.2d 477

STATE OF KANSAS, Appellant, v. GERARD S. WINDES, Appellee.

Court of Appeals of Kansas.

Opinion filed June 23, 1989.

Attorney(s) appearing for the Case

Thomas J. Bath, assistant district attorney, Dennis W. Moore, district attorney, and Robert T. Stephan, attorney general, for the appellant.

Kathleen A. Zarda and John Ivan, of Shawnee Mission, for the appellee.

Before BRISCOE, P.J., ELLIOTT and GERNON, JJ.

BRISCOE, J.:

This is an interlocutory appeal by the State pursuant to K.S.A. 22-3603 from an order sustaining defendant Gerard Windes' motion to suppress evidence.

Defendant was charged with possession of cocaine. The parties stipulated to the following facts:

"1. On April 26, 1988 Federal Express security manager John Matlock opened a suspicious package which had been placed in the Orlando, Florida Federal Express office for shipment to Overland...

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