The Kansas Supreme Court has denied the appeal of a Lyon County man convicted in a 2014 sale of methamphetamine to another man.
Seth Torres was convicted in Lyon County District Court of distribution of methamphetamine and unlawful use of a communication device to facilitate a drug transaction. Torres appealed his convictions, arguing police illegally searched the vehicle he was riding in at the time of his arrest; therefore, evidence of the drug transaction should not have been admitted at trial. He also argued there was insufficient evidence to support his conviction for unlawful use of a communication device.
The Supreme Court affirmed his convictions for both offenses. The court rejected his claim of an unlawful search because law enforcement officers had validly arrested Torres prior to the search and had a reasonable basis to believe the evidence of the crime might be found in the vehicle.
The court also rejected his sufficiency of the evidence claim because the State presented sufficient evidence to prove all the elements of unlawful use of a communication device.
Emporia Police arrested Torres after he sold 3.5 grams of meth to another person during a controlled buy in October 2014.
