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STATE v. WITTEN

Nos. 103,476, 103,477.

251 P.3d 74 (2011)

STATE of Kansas, Appellee, v. Kevin WITTEN, Appellant.

Court of Appeals of Kansas.

March 18, 2011.

Attorney(s) appearing for the Case

Joanna Labastida , of Kansas Appellate Defender Office, for appellant.

Kenneth Van Blaricum , county attorney, and Steve Six , attorney general, for appellee.

Before STANDRIDGE, P.J., McANANY, J., and KNUDSON, S.J.

KNUDSON, J.

In district court case No. 08CR89, a jury found Kevin Witten guilty of the sale of methamphetamine within 1,000 feet of a school and possession of methamphetamine without a drug tax stamp. In a companion case, No. 08CR276, Witten pled guilty to the possession of methamphetamine and possession of a controlled substance without a drug tax stamp. On appeal, Witten challenges his convictions in case No. 08CR89, claiming that prosecutorial misconduct deprived...

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