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STATE v. CRUZ

No. 64,748

15 Kan. App. 2d 476 (1991)

809 P.2d 1233

STATE OF KANSAS, Appellee, v. JORGE A. CRUZ and JUAN TOMAS DE LA CRUZ, Appellants.

Court of Appeals of Kansas.

Opinion filed April 19, 1991.

Attorney(s) appearing for the Case

Lucille Marino, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant Jorge A. Cruz.

Geary N. Gorup, of the Law Offices of Leslie F. Hulnick, P.A., of Wichita, for appellant Juan Tomas De La Cruz.

Bruce L. Stewart and Thomas J. Robinson, assistant district attorneys, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, P.J., LARSON and GERNON, JJ.

LARSON, J.:

Jorge A. Cruz and Juan Tomas De La Cruz appeal their convictions of possession of cocaine with intent to sell. K.S.A. 1988 Supp. 65-4127a.

On February 23, 1989, Bob Pierce notified the Wichita Police Department of a possible burglary in the vacant house next to his. He had observed a black male wearing dark clothing and a dark ball cap enter the house and leave five minutes later. Officer Wahl responded to the call.

Officer Wahl spoke briefly...

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