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STATE v. TUCKER

No. 67,377

253 Kan. 38 (1993)

853 P.2d 17

STATE OF KANSAS, Appellee, v. ROGER D. TUCKER, Appellant.

Supreme Court of Kansas.

Opinion filed May 28, 1993.

Attorney(s) appearing for the Case

Garry L. Howard, of Slape and Howard, of Wichita, argued the cause and was on the brief for appellant.

Debra S. Byrd, assistant district attorney, argued the cause, and Rachelle Worrall Smith, assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

The primary issue in this criminal case concerns the relationship between possession of cocaine and possession of cocaine with intent to sell: What is the appropriate remedy when a defendant is convicted of possession with intent to sell, but an appellate court determines that the evidence supports only possession? The question is one of first impression.

The...

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