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State v. Garcia

376 P.3d 94 (2016)

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State v. Garcia

Kansas Court of Appeals

376 P.3d 94 (2016)

Facts

A confidential informant told the Kansas Bureau of Investigation (KBI) that David Garcia (defendant) was a drug dealer. The informant stated that he had recently purchased drugs from Garcia and that, if he could not reach Garcia, he would call Garcia’s girlfriend, Mickashell Knapp. The KBI investigated and determined where Garcia lived. KBI developed a plan to set up a drug deal by phone and then execute a search warrant without actually purchasing any of the drugs. The informant used a KBI phone and called to set up the deal. The informant spoke to Knapp and arranged to buy methamphetamine and cocaine later that evening. The KBI obtained the search warrant and began surveillance on Garcia’s house. When Garcia and Knapp arrived, the KBI executed the search warrant. The KBI discovered several drugs and related drug paraphernalia. The State of Kansas (plaintiff) charged Garcia with several drug offenses, including possession with intent to distribute and conspiracy to distribute certain drugs. A jury convicted him, and Garcia appealed.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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