State v. Collins

The opinion of the court was delivered by

Beier, J.:

Defendant Roger Collins appeals his conviction for unlawful possession of hydrocodone under K.S.A. 65-4160(a), a severity level 4 drug felony. Collins argues that eight Lortab pills in his possession were schedule III rather than schedule II drugs and that K.S.A. 65-4160(a) was therefore inapplicable.

Factual and Procedural History

Collins was a passenger in a car stopped for failure to signal. During the stop, Officer C.J. Clark observed a plastic baggie in Collins’ hand.

Clark ran a records check and determined that Collins had two bench…