State v. Crank

The opinion of the court was delivered by

Larson, J.:

This consolidated appeal involves the interpretation of a new criminal drug statute which replaced a prior statute. In separate criminal actions, Jason Anthony Crank and Alan Eugene Pilcher, who both had previous convictions for possession of marijuana, were charged with felony possession of marijuana under K.S.A. 1996 Supp. 65-4162(a). However, their earlier convictions were both under amended versions of K.S.A. 65-4127b(a).

The trial court ruled in both cases that a prior conviction of possession of marijuana under 65-4127b does not…