STATE v. ALVAREZ

No. 84,722.

29 Kan. App.2d 368 (2001)

28 P.3d 404

STATE OF KANSAS, Appellee, v. JUAN J. ALVAREZ, Appellant.

Court of Appeals of Kansas.

Opinion filed June 29, 2001.


Attorney(s) appearing for the Case

Randall L. Hodgkinson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Tony Cruz, assistant county attorney, Chris E. Biggs, county attorney, and Carla J. Stovall, attorney general, for appellee.

Before GREEN, P.J., KNUDSON, J., and PHILIP C. VIEUX, District Judge, assigned.


GREEN, J.:

Juan J. Alvarez appeals his convictions of possession of methamphetamine, no drug tax stamp, and possession of marijuana. On appeal, Alvarez argues that the trial court erred in failing to give a unanimity instruction and in failing to instruct the jury that he must have had an opportunity to obtain and affix a drug tax stamp. Alvarez further contends that the trial court's instruction on the definition of possession improperly shifted the burden of proof...

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