State v. Preston

Drugs were discovered during a warrantless search inside a vehicle that Bernard Preston was driving. Preston was subsequently convicted of possession of cocaine with intent to sell, possession of marijuana, and possession of cocaine without a tax stamp. Preston appealed, alleging numerous trial errors, including his claims that the vehicle search was illegal and that his prior drug conviction was improperly admitted. The court of appeals affirmed. The Supreme Court reversed and remanded for a new trial on the issue of the admission of Preston's prior drug conviction, holding (1) the evidence of Preston's prior drug conviction was admitted in violation of Kan. Stat. Ann. 60-455 and State v. Boggs because Preston disputed the allegations; and (2) the error was not harmless. View "State v. Preston" on Justia Law