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STATE v. SUROWSKI

No. 100,121.

212 P.3d 229 (2009)

STATE of Kansas, Appellant, v. Katherine SUROWSKI, Appellee.

Court of Appeals of Kansas.

July 17, 2009.

Attorney(s) appearing for the Case

Tony Cruz, assistant county attorney, and Steve Six, attorney general, for appellant.

Linda M. Barnes-Pointer, of Junction City, for appellee.

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

CAPLINGER, J.

The State challenges the order of the district court dismissing Count I against defendant Katherine Surowski. The State argues the district court erroneously concluded that the unlawful possession of Lortab is a misdemeanor under K.S.A. 65-4109(d) rather than a felony under K.S.A.2006 Supp. 65-4160(a). We agree, and we find that under the plain language of K.S.A.2006 Supp. 65-4160(a), possession of narcotics...

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