State v. Mishmash
Annotate this CaseAppellant entered a plea of no contest to manufacturing methamphetamine and possession of methamphetamine. The sentencing judge found that because Appellant was not manufacturing the drug solely for his personal use, but was distributing it to others, he was required to register pursuant to the Kansas Offender Registration Act (KORA). The district court based its decision on the statutory scheme then in effect requiring offenders to register and defining an offender of anyone convicted of manufacturing a controlled substance, unless the court made a finding that the manufacturing was for "such person's personal use." The court decided it should read the word "solely" into the personal use exemption. The court of appeals affirmed. The Supreme Court reversed in part and vacated the the portion of the sentence requiring Appellant to register as a drug offender, holding that the district court improperly added language to the statute that the legislature elected to omit.
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