Court of Appeals panel reverses one conviction in Lyon County drug case

A judicial panel with the Kansas Court of Appeals has partially reversed a conviction stemming from a Lyon County drug case.

 

The case stems from the discovery of hydrocodone, marijuana, money and paraphernalia at Zell Pearson's residence in June 2014. Pearson admitted buying marijuana but did not say whether he planned to resell the drug. He also said the hydrocodone was for his personal use.

 

Pearson, now 34, was charged with possession of hydrocodone and marijuana with intent to sell within 1,000 feet of a school, in this case Sacred Heart. He was also charged with drug paraphernalia charges. He was eventually convicted on the marijuana count, simple hydrocodone possession and the drug paraphernalia charges in 2015.

 

Pearson appealed on grounds of insufficient evidence; jury instruction errors, mishandling of a jury question and cumulative error. The Court of Appeals panel decided decided against acting in the jury question or cumulative error appeals, but it said district court should should have given jury instructions on legal and lawful possession of hydrocodone. That conviction was reversed and remanded back to Lyon County District Court for further proceedings, but all other convictions and resulting sentences in the case were allowed to stand. 

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Last modified on Wednesday, 11 April 2018 10:13