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STATE v. MOFFIT

No. 96,452.

166 P.3d 435 (2007)

STATE of Kansas, Appellant, v. Zeena MOFFIT, Appellee.

Court of Appeals of Kansas.

September 7, 2007.

Attorney(s) appearing for the Case

Bobby J. Hiebert, Jr., assistant county attorney, Ellen Mitchell, county attorney, and Phill Kline, attorney general, for appellant.

Shawn E. Minihan, of Kansas Appellate Defender Office, for appellee.

Before MALONE, P.J., BUSER and LEBEN, JJ.

BUSER, J.

Zeena Moffit was convicted of conspiracy to unlawfully manufacture methamphetamine in violation of K.S.A. 21-3302(a) and K.S.A. 65-4159(a). Over the State's objection, the district court granted Moffit a dispositional departure and she was placed on probation. The State appeals this ruling on a question reserved under K.S.A.2006 Supp. 22-3602(b)(3).

The question reserved: Does K.S.A. 65-4159(b), which provides that any person who engages in the unlawful...

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