State v. Fuller

Davis, J.:

Defendant Harry Jene Fuller appeals his conviction for sale of marijuana (K.S.A. 65-4127b[b][3]) on the grounds that (1) the trial court erred by admitting the results of marijuana identification tests without requiring sufficient foundation and (2) the trial court erred in refusing to give a cautionary instruction regarding the testimony of a paid confidential informant. We reverse and remand on both issues.

The defendant was convicted of selling marijuana to a confidential informant for the Salina Police Department. S.B. testified that he called Detective Michael Marshall, his…