Court of Appeals upholds Lyon County drug convictions, sentences

Two drug-related convictions originating in Lyon County District Court have been affirmed by the Kansas Court of Appeals.

 

In State v. Jose Rodriguez, the defendant appealed his 2014 convictions of meth possession with intent to distribute and drug paraphernalia possession, saying there was insufficient evidence to support the possession with intent conviction and an aiding and abetting instruction was given erroneously to the jury. The Court of Appeals disagreed.

 

Rodriguez was charged and ultimately convicted after allegedly handing methamphetamine to a woman during a traffic stop by Lyon County deputies. He was sentenced to nearly nine years in prison.

 

Meanwhile, State v. Jack Edie was appealed after Edie had pleaded no contest an amended charge of marijuana possession with intent to distribute as part of a plea agreement. However, he received a 15-month sentence despite Edie's request for probation. Edie's appeal was based on the thought that Judge Jeff Larson mistakenly believed he had to impose a prison term, but the Court of Appeals said Larson was within his right to choose between prison and probation. It also said Larson made the non-prison sentencing guidelines clear during his sentencing announcement.

 

The next set of cases for the Kansas Court of Appeals will be Nov. 15-16.  

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Last modified on Wednesday, 11 April 2018 10:13