State v. Starks

The opinion of the court was delivered by

Six, J.:

This criminal case arises from a “reverse sting” drug operation. The case concerns the determination of probable cause during a preliminary hearing.

The State appeals the preliminary hearing order of dismissal. Our jurisdiction is under K.S.A. 22-3602(b)(l).

The trial court, at the conclusion of the preliminary hearing, dismissed the charges against defendant Terry L. Starks and Ricky L. Casey for possession of marijuana with intent to sell within 1,000 feet of an elementary or secondary school (K.S.A. 1990 Supp. 65-4127b[e]) and against Starks…