STATE v. PAUL

No. 95,105.

175 P.3d 840 (2008)

STATE of Kansas, Appellee, v. Daubin PAUL, Appellant.

Supreme Court of Kansas.

February 1, 2008.


Attorney(s) appearing for the Case

Julie A. McKenna, of. McKenna Law Office, P.A., of Salina, argued the cause and was on the brief for appellant.

Amy J. Henley, assistant county attorney, argued the cause, and Bobby J. Hiebert, Jr., assistant county attorney, Ellen Mitchell, county attorney, and Phill Kline, attorney general, were on the brief for appellee.


The opinion of the court was delivered by DAVIS, J.:

Daubin Paul was convicted in 2005 of one count of sale of methamphetamine and one count of possession of drug paraphernalia. The trial court determined that his sale of methamphetamine conviction was a severity level 1 drug felony under K.S.A.2006 Supp. 65-4161(c) based upon two similar convictions finalized in 1999. Paul argued that the two 1999 offenses qualified as only one prior offense because both convictions...

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