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STATE v. NOVOTNY

No. 66,546

252 Kan. 753 (1993)

851 P.2d 365

STATE OF KANSAS, Appellee, v. ALAN NOVOTNY, Appellant.

Supreme Court of Kansas.

Opinion filed April 16, 1993.

Attorney(s) appearing for the Case

Thomas Jacquinot, special appellate defender, of Prairie Village, argued the cause, and Jessica R. Kunen, chief appellate defender, of Topeka, and Vernon Keller, legal intern, of Kansas Defender Project, University of Kansas School of Law, of Lawrence, were on the brief for appellant.

Thomas R. Stanton, assistant county attorney, argued the cause, and Julie McKenna, county attorney, and Robert T. Stephan, attorney general, were with him on the briefs for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Alan Novotny was convicted by jury trial of the sale of methamphetamine (K.S.A. 65-4127b[b][3]); possession of marijuana (K.S.A. 65-4127b[a][3]); and possession of drug paraphernalia (K.S.A. 65-4152[a][2]). He appeals only the methamphetamine conviction. Said conviction was reversed by the Court of Appeals (State v. Novotny, 17 Kan.App.2d 363,

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