STATE v. BURTON

No. 95,970.

159 P.3d 209 (2007)

STATE of Kansas, Appellee, v. Kevin BURTON, Appellant.

Court of Appeals of Kansas.

June 8, 2007.


Attorney(s) appearing for the Case

Michelle Davis, of Kansas Appellate Defender Office, for appellant.

Jeffrey E. Evans, assistant district attorney, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, for appellee.

Before MARQUARDT, P.J., GREEN and CAPLINGER, JJ.


GREEN, J.

Kevin Burton appeals his conviction for possession of marijuana with a previous conviction. The principal issue before us is whether the trial court erred in denying Burton's motion to suppress evidence. In his appeal, Burton raises two issues: (1) whether the police officer feared for his safety, justifying a pat-down search of Burton; and (2) whether the trial court erred in scoring Burton's criminal history. Because we determine that the officer was not...

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