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STATE v. FANNING

No. 94,621.

281 Kan. 1176 (2006)

STATE OF KANSAS, Appellee, v. JAMES C. FANNING, Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 2006.

Attorney(s) appearing for the Case

Patrick H. Dunn, of Kansas Appellate Defender Office, argued the cause, and Brent Getty, of same office, was on the brief for appellant.

Brian S. Carroll, county attorney, argued the cause, and Phill Kline, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

ROSEN, J.:

James C. Fanning appeals his sentence for one count of attempt to manufacture methamphetamine, claiming that attempt to manufacture methamphetamine is the same offense as possession of drug paraphernalia with the intent to manufacture. Fanning asserts that the district court should have sentenced him for a severity level 4 drug felony pursuant to K.S.A. 65-4152(a)(3) rather than a severity level 1 drug felony...

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