Saturday, October 24, 2015

Agreement supported dismissal of drug charges

Michael X. Llamas won in State v. Tyner, No. 112,045 (Kan. App. Oct. 2, 2015)(unpublished), affirming Judge Dickinson's dismissal of two Harvey County drug related cases. Ms. Tyner and her attorney testified that she had entered into an agreement with a prosecutor whereby she would not contest a probation violation proceeding in exchange to the state's agreement to not file some pending charges (the charges at issue in the instant case). The prosecutor testified and indicate that he had not entered into any agreement with Ms. Tyner. On appeal, the state argued that the district court abused its discretion by finding an enforceable agreement. The COA held that substantial competent evidence supported the finding of an agreement and that, therefore, this was simply a credibility contest:
The district judge was faced with a straightforward factual dispute in this matter. The defendant contended a plea agreement prohibited the filing of the two drug-related cases, and the State denied there was any plea agreement. It is the district court's obligation to weigh the evidence and make credibility determinations based on that evidence. Here, the district court was persuaded that there was a plea agreement which prohibited the State from bringing the two drug-related cases, and substantial evidence supports the determination.
As a result, the COA affirmed the dismissals.

[The state did not file a PR and the mandate issue on November 19, 2015.]

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