(DOWNLOAD) "State v. Berberich" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Berberich
- Author : Supreme Court of Kansas
- Release Date : January 24, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The opinion of the court was delivered by Thomas A. Berberich was convicted by a jury of: (1) possession
of methamphetamine, K.S.A. 1988 Supp. 65-4127b(a)(2); (2)
possession of drug paraphernalia, K.S.A. 65-4152; (3) possession
of marijuana, K.S.A. 1988 Supp. 65-4127b(a)(3); and (4)
possession of methamphetamine without affixing the official
Kansas drug tax stamp, K.S.A. 79-5208. The trial court denied
[248 Kan. 855]
Berberich's motion to dismiss the charge of possession of
methamphetamine with intent to sell as an included offense of the
violation of K.S.A. 79-5201 et seq., the Kansas Drug Tax Act.
Subsequent to his conviction, Berberich filed a motion to set
aside his conviction, claiming that the Kansas Drug Tax Act
violates the due process clause of the Fourteenth Amendment to
the United States Constitution on the grounds the act is an
unconstitutional penalty and not a tax. The trial court found the
Kansas Drug Tax Act did not violate the Fourteenth Amendment
right to due process. Berberich also filed a motion asking that
the trial court declare the penalties of the Kansas Drug Tax Act
violate the separation of powers doctrine. This motion was also
denied.