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STATE v. COLLINS

No. 101,092.

280 P.3d 763 (2012)

STATE of Kansas, Appellee, v. Roger A. COLLINS, Appellant.

Supreme Court of Kansas.

July 20, 2012.

Attorney(s) appearing for the Case

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

David Lowden , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with him on the brief for appellee.

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

Defendant Roger Collins appeals his conviction for unlawful possession of hydrocodone under K.S.A. 65-4160(a), a severity level 4 drug felony. Collins argues that eight Lortab pills in his possession were schedule III rather than schedule II drugs and that K.S.A. 65-4160(a) was therefore inapplicable.

FACTUAL AND PROCEDURAL HISTORY

Collins was a passenger...

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