State v. Novotny

The opinion of the court was delivered by

McFarland, J.:

Alan Novotny was convicted by jury trial of the sale of methamphetamine (K.S.A. 65-4127b[b][3]); possession of marijuana (K.S.A. 65-4127b[a][3]); and possession of drug paraphernalia (K.S.A. 65-4152[a][2]). He appeals only the methamphetamine conviction. Said conviction was reversed by the Court of Appeals (State v. Novotny, 17 Kan. App. 2d 363, 837 P.2d 1327 [1992]). The matter is before us on petition for review.

The pertinent facts may be summarized as follows. Robert Currie became an undercover agent for the Salina Police Department in…