State v. Eckert
Annotate this Case
The Supreme Court affirmed the judgment of the court of appeals reversing all but one of Defendant's felony possession convictions and all but one of his misdemeanor possession convictions, holding that the court of appeals did not err when it found Defendant's possession of drug paraphernalia convictions were multiplicitous.
After a jury trial, Defendant was convicted of eight counts of felony possession of drug paraphernalia under Kan. Stat. Ann. 21-5709(b)(1) and seventeen counts of misdemeanor possession of drug paraphernalia under subsection 21-5709(b)(2). On appeal, Defendant argued that his convictions were multiplicitous because they relied on multiple items of paraphernalia used for the same purpose as part of a unitary course of conduct. The court of appeals agreed and reversed seven of the felony possession convictions and sixteen of the misdemeanor possession convictions. The Supreme Court affirmed, holding that the legislature intended the term "drug paraphernalia," as used in Kan. Stat. Ann. 21-5709(b), to be tied to a single unit of prosecution.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.