State v. GRACE, JR.

BEIER, J.:

Defendant-appellant William J. Grace, Jr., appeals his conviction of possession of methamphetamine after a prior conviction. He questions the district court’s refusal to suppress evidence seized at the time of his arrest and argues that he should have been charged with possession with intent to sell, which, in his case, would have subjected him to less severe punishment. Because we reverse the district court’s ruling on the motion to suppress, the issue regarding the prosecutor’s choice of charge is moot.

Grace was a passenger in a car that pulled up to a Wichita bar so that another…