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STATE v. PONCE

No. 72,871

258 Kan. 708 (1995)

STATE OF KANSAS, Appellant, v. JOSE PONCE, Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1995.

Attorney(s) appearing for the Case

R. Douglas Sebelius, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Elizabeth Seale Cateforis, assistant appellate defender, argued the cause, and Rebecca E. Woodman, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, C.J.:

Jose Ponce was charged in Count I with possession of marijuana and in Count II with trafficking in contraband in a correctional institution (K.S.A. 1994 Supp. 21-3826), with the marijuana being the contraband. The district court, on motion of defendant, held K.S.A. 1994 Supp. 21-3826 was a constitutionally impermissible delegation of legislative authority and dismissed Count II. The State appeals therefrom...

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