State v. Fanning

The opinion of the court was delivered by

Rosen, J.:

James C. Fanning appeals his sentence for one count of attempt to manufacture methamphetamine, claiming that attempt to manufacture methamphetamine is the same offense as possession of drug paraphernalia with the intent to manufacture. Fanning asserts that the district court should have sentenced him for a severity level 4 drug felony pursuant to K.S.A. 65-4152(a)(3) rather than a severity level 1 drug felony pursuant to K.S.A. 65-4159.

Fanning was arrested after an employee at the Valley Vet store in Marysville contacted the Marshall County…