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STATE v. PENNY

No. 72,391.

22 Kan. App.2d 212 (1996)

914 P.2d 960

STATE OF KANSAS, Appellee, v. THOMAS W. PENNY, Appellant.

Court of Appeals of Kansas.

Opinion filed April 5, 1996.

Attorney(s) appearing for the Case

Bruce W. Simon, of Kansas City, and Frank L. Austenfeld, of Overland Park, for appellant.

Joe E. Lee, assistant county attorney, Rodney H. Symmonds, county attorney, and Carla J. Stovall, attorney general, for appellee.

Before BRAZIL, C.J., RULON and KNUDSON, JJ.

KNUDSON, J.:

The defendant, Thomas William Penny, appeals his conviction for possession of cocaine with intent to sell within 1,000 feet of a school in violation of K.S.A. 1993 Supp. 65-4127a(d).

The underlying facts in this case are not in material dispute. Penny purchased cocaine from a police informant. He was arrested and charged with several crimes, including violation of 65-4127a. At jury trial, he was convicted of all offenses.

During deliberations...

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