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STATE v. WASHINGTON

No. 62,063

244 Kan. 652 (1989)

772 P.2d 768

STATE OF KANSAS, Appellee, v. LUTHER C. WASHINGTON, Appellant.

Supreme Court of Kansas.

Opinion filed April 14, 1989.

Attorney(s) appearing for the Case

Charles D. Dedmon, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

Mona Furst, assistant district attorney, argued the cause, and Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

The defendant, Luther C. Washington, was charged with one count of possession of heroin, a class B felony, in violation of K.S.A. 1988 Supp. 65-4127a, and one count of possession of marijuana, a class D felony, in violation of K.S.A. 1988 Supp. 65-4127b. Following a trial to the court, the defendant was convicted on the heroin count and acquitted on the marijuana count. The defendant was sentenced to...

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