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STATE v. ROBERTS

No. 100,233.

259 P.3d 691 (2011)

STATE of Kansas, Appellant, v. Chester ROBERTS, III, Appellee.

Supreme Court of Kansas.

September 2, 2011.

Attorney(s) appearing for the Case

Amanda G. Voth , assistant district attorney, argued the cause, and Benjamin J. Fisher , senior assistant district attorney, Keith E. Schroeder , district attorney, and Steve Six , attorney general, were on the brief for appellant.

Randall L. Hodgkinson , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellee.

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

In a pretrial ruling in this criminal case, the district court ruled that the defendant could not be charged with violating K.S.A. 2007 Supp. 65-4160(a), a drug severity level 4 felony, for possessing without a prescription a generic form of the prescription drug Lortab, a schedule III drug. The issue before us is whether the district court's ruling was a judgment of acquittal, which is an order the State cannot...

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