State v. Boley

Rulon, C.J.:

Defendant Charles D. Boley appeals the district court’s order imposing a drug severity level 1 felony sentence upon his conviction for attempted manufacture of methamphetamine. We reverse and remand for further proceedings.

On October 22, 2002, the State charged die defendant with manufacture of methamphetamine, in violation of K.S.A. 65-4159(a) or, in the alternative, attempted manufacture of methamphetamine, in violation of K.S.A. 65-4159(a) and K.S.A. 21-3301, and conspiracy to manufacture methamphetamine, in violation of K.S.A. 65-4159(a) and K.S.A. 21-3302.

As a result of plea…