State v. Holder

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,464 STATE OF KANSAS, Appellee, v. DOMINIC O'SHEA HOLDER, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 2020 Supp. 21-5705(e) provides a rebuttable presumption for a defendant's possession with intent to distribute when that defendant is found to have possessed specific quantities of a controlled substance. 2. A rebuttable presumption does not remove the presumed element from the case, but it requires the jury to find the presumed element unless the accused persuades the jury otherwise. That is, once the State proves certain facts, the jury must…