State v. Strong
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The Supreme Court affirmed Defendant's conviction for possession with intent to distribute a controlled substance within 1,000 feet of a school under Kan. Stat. Ann. 21-5705, holding that the district court erroneously instructed the jury, but the error did not require reversal under the clear error standard.
A subsection of 21-5705 provides for a rebuttable presumption of intent to distribute if a defendant possesses 3.5 grams or more of methamphetamine. At Defendant's criminal trial, the State presented evidence that Defendant possessed more than eleven grams of methamphetamine, but the district court's instruction was a slightly modified version of Kan. Stat. Ann. 21-5705(e)(2). The Supreme Court held (1) the district court's instruction was erroneous because it did not accurately describe section 21-5705(e)'s mandatory presumption, but the error did not require reversal; and (2) Defendant's constitutional challenge to his sentence was foreclosed by precedent.
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