State v. Casey

Green, J.:

William Casey appeals from his sentence for one count of possession of cocaine in violation of K.S.A. 65-4160. The sole argument raised by Casey is that the trial court erred in sentencing him to prison under K.S.A. 21-4603d(f)(3) instead of ordering him to complete mandatory drug abuse treatment under K.S.A. 21-4729. We agree with Casey’s argument. Applying the rules of statutory construction and examining the legislative history of K.S.A. 21~4603d(n) and K.S.A. 21-4729, we determine that the legislature intended for the provisions of K.S.A. 21-4603d(n) and K.S.A. 21-4729 to trump…