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IN THE SUPREME COURT OF THE STATE OF KANSAS

No. 90,340

STATE OF KANSAS,

Appellee,

v.

DANA MANSAW,

Appellant.

Review of the judgment of the Court of Appeals in 32 Kan. App. 2d 1011, 93 P.3d 737 (2004). Appeal from Wyandotte district court; R. WAYNE LAMPSON, judge. Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed. Opinion filed April 22, 2005.

Rick Kittel, assistant appellate defender, argued the cause and was on the brief for appellant.

Christopher L. Schneider, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.: Dana J. Mansaw appeals his conviction in Wyandotte County of possession of cocaine, K.S.A. 65-4160(a). A unanimous panel of the Court of Appeals affirmed. State v. Mansaw, 32 Kan. App. 2d 1011, 93 P.3d 737 (2004). We granted Mansaw's petition for review.

Mansaw contends the trial court erred (1) in denying his motion to suppress evidence found during the search incident to his arrest; (2) in finding sufficient evidence to sustain his conviction; and (3) in concluding Mansaw's statutory right to speedy trial had not been violated.

We have carefully reviewed the entire record and conclude the Court of Appeals' opinion adequately addressed the issues and reached the correct conclusion on each of the three issues. We, therefore, adopt the opinion of the Court of Appeals and affirm both the Court of Appeals and the district court. See Rule 7.042(c) and (f) (2004 Kan. Ct. R. Annot. 51).

GERNON, J., not participating.

LARSON, S.J., assigned.1

1REPORTER'S NOTE: Senior Judge Edward Larson was appointed to hear case No. 90,340 vice Justice Gernon pursuant to the authority vested in the Supreme Court by K.S.A. 20-2616.

END


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Updated: April 22, 2005.
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