State v. Hernandez

Smith, J.:

The defendant, Rafael Hernandez, appeals his convictions of sale of marijuana, conspiracy to sell marijuana, and no drug tax stamp. We affirm in part and remand the cause to the district court for resentencing.

A jury convicted the defendant of offering to sell marijuana, conspiracy to sell marijuana, and no drug tax stamp. Defendant’s convictions stemmed from an undercover marijuana buy which occurred in Dodge City, Kansas. The State’s primary witness was Officer Ray Riniker, an undercover police officer from the Wichita Police Department. Officer Riniker had telephone contact with…