STATE v. GARZA

No. 70,665

19 Kan. App. 2d 825 (1994)

877 P.2d 451

STATE OF KANSAS, Appellant, v. AUSTIN GARZA, Appellee.

Court of Appeals of Kansas.

Opinion filed July 1, 1994.


Attorney(s) appearing for the Case

Sara Welch, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for the appellant.

Kevin P. Moriarty, of Moriarty, Erker & Moore, of Overland Park, for the appellee.

Before BRISCOE, C.J., LEWIS and GREEN, JJ.


LEWIS, J.:

The defendant stands charged with one count of possession of marijuana with intent to sell and one count of possession of marijuana without a Kansas tax stamp. A motion to suppress certain evidence was filed by the defense, alleging that the evidence was obtained in violation of the defendant's Fourth Amendment rights. The trial court granted the motion to suppress. The State prosecutes this interlocutory appeal from that order. We reverse and remand.<...

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