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STATE v. ALLEN

No. 72,494

21 Kan. App. 2d 811 (1995)

STATE OF KANSAS, Appellee, v. JAMES M. ALLEN, JR., Appellant.

Court of Appeals of Kansas.

Opinion filed December 22, 1995.

Attorney(s) appearing for the Case

Jean K. Gilles Phillips, assistant appellate defender, David McGhee, student intern, and Jessica R. Kunen, chief appellate defender, for appellant.

Tony W. Rues, assistant district attorney, Joan Hamilton, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before RULON, P.J., MARQUARDT, J., and E. NEWTON VICKERS, District Judge Retired, assigned.

MARQUARDT, J.:

Defendant James M. Allen, Jr., was tried by a jury and convicted of one count of possession of cocaine, one count of possession of drug paraphernalia, one count of failure to pay the Kansas drug stamp tax, and one count of driving while a habitual violator.

Allen appeals his conviction, contending that the trial court abused its discretion in denying his motion to suppress the cocaine as a fruit...

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