context: This statute prohibits certain drug transactions within 1,000 feet of a structure "used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12." At trial, there was evidence that Garfield School was a public school attended by kindergartners through third graders, but Ward argues there was no evidence that the school was used by a unified school district or an accredited nonpublic school.
citation_a.signal: see
citation_a.parenthetical: to sustain conviction for sale of cocaine within 1,000 feet of a school, State must present evidence that structure referred to as a school complies with the definition in 65-4161[d]
citation_a.sentence: See State v. Star, 27 Kan. App. 2d 930, 936, 10 P.3d 37, rev. denied 270 Kan. 903 (2000) (to sustain conviction for sale of cocaine within 1,000 feet of a school, State must present evidence that structure referred to as a school complies with the definition in 65-4161[d]); see also State v. West, Nos. 99, 063, 99, 067, 2008 WL 4849472 (Kan. App. 2008) (unpublished opinion), rev. denied 289 Kan. 1285 (2009) (reversing three convictions for insufficient evidence of sale of cocaine within 1,000 feet of a school because State failed to prove that the building within 1,000 feet of the three sale transactions was part of unified school district or accredited nonpublic school).
citation_b.signal: see also
citation_b.parenthetical: reversing three convictions for insufficient evidence of sale of cocaine within 1,000 feet of a school because State failed to prove that the building within 1,000 feet of the three sale transactions was part of unified school district or accredited nonpublic school
citation_b.sentence: See State v. Star, 27 Kan. App. 2d 930, 936, 10 P.3d 37, rev. denied 270 Kan. 903 (2000) (to sustain conviction for sale of cocaine within 1,000 feet of a school, State must present evidence that structure referred to as a school complies with the definition in 65-4161[d]); see also State v. West, Nos. 99, 063, 99, 067, 2008 WL 4849472 (Kan. App. 2008) (unpublished opinion), rev. denied 289 Kan. 1285 (2009) (reversing three convictions for insufficient evidence of sale of cocaine within 1,000 feet of a school because State failed to prove that the building within 1,000 feet of the three sale transactions was part of unified school district or accredited nonpublic school).