State v. Moffit

Buser, J.:

Zeena Moffit was convicted of conspiracy to unlawfully manufacture methamphetamine in violation of K.S.A. 21-3302(a) and K.S.A. 65-4159(a). Over the State’s objection, the district court granted Moffit a dispositional departure and she was placed on probation. The State appeals this ruling on a question reserved under K.S.A. 2006 Supp. 22-3602(b)(3).

The question reserved: Does K.S.A. 65-4l59(b), which provides that any person who engages in the unlawful manufacturing or attempting to unlawfully manufacture any controlled substance “shall not be subject to statutory provisions for…