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STATE v. TOLER

No. 99,236.

206 P.3d 548 (2009)

STATE of Kansas, Appellant, v. Kristin Marie TOLER, Appellee.

Court of Appeals of Kansas.

May 1, 2009.

Attorney(s) appearing for the Case

Steven J. Obermeier, assistant district attorney, Phill Kline, district attorney, and Stephen N. Six, attorney general, for appellant.

No appearance by appellee.

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

MALONE, J.

The State appeals the district court's decision to acquit Kristin Marie Toler of criminal possession of a firearm on school property. The State appeals upon a question reserved and asks whether school must be in session or whether children must be present on the school property in order to find a person guilty of criminal possession of a firearm in violation of K.S.A. 21-4204(a)(5). We hold that a person may be found guilty of criminal possession of a firearm...

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