STATE v. BOLEY

No. 91,804.

32 Kan.App. 2d 1192 (2004)

STATE OF KANSAS, Appellee, v. CHARLES D. BOLEY, Appellant.

Court of Appeals of Kansas.

Opinion filed August 20, 2004.


Attorney(s) appearing for the Case

Randall L. Hodgkinson, deputy appellate defender, for appellant.

Donna L. Longsworth, assistant county attorney, and Phill Kline, attorney general, for appellee.

Before RULON, C.J., GREEN and MARQUARDT, JJ.


RULON, C.J.

Defendant Charles D. Boley appeals the district court's order imposing a drug severity level 1 felony sentence upon his conviction for attempted manufacture of methamphetamine. We reverse and remand for further proceedings.

On October 22, 2002, the State charged the defendant with manufacture of methamphetamine, in violation of K.S.A. 65-4159(a) or, in the alternative, attempted manufacture of methamphetamine, in violation of K.S.A. 65-4159(a)...

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