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STATE v. CASEY

No. 100,176.

211 P.3d 847 (2009)

STATE of Kansas, Appellee, v. William E. CASEY, Appellant.

Court of Appeals of Kansas.

July 17, 2009.

Attorney(s) appearing for the Case

Carl Folsom, III, of Kansas Appellate Defender Office, for appellant.

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

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

GREEN, J.

William Casey appeals from his sentence for one count of possession of cocaine in violation of K.S.A. 65-4160. The sole argument raised by Casey is that the trial court erred in sentencing him to prison under K.S.A. 21-4603d(f)(3) instead of ordering him to complete mandatory drug abuse treatment under K.S.A. 21-4729. We agree with Casey's argument. Applying the rules of statutory construction and examining the legislative history of K.S.A. 21-4603d(n) and...

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