The Kansas Supreme Court will review a Riley County man’s denied appeal of several drug-related offenses next Friday to determine whether there was an erroneous judgement and insufficient evidence for one of his convictions.
In 2016, Anthony Brazzle was convicted in Riley County District Court of two counts of distribution or possession of methamphetamine, possession of oxycodone, criminal use of a weapon and possession of drug paraphernalia.
Brazzle appealed his convictions, which came from a 2015 drug sting operation at a motel in Manhattan.
On appeal, he argued that the district court erroneously admitted evidence related to a prior drug sale with undercover police detectives to show intent to distribute, and that it erred when it instructed the jury of a possession of oxycodone charge. He also argued there was not enough evidence to support his conviction of possession of oxycodone.
Brazzle’s defense counsel argued that the grounds of the conviction were insufficient because it relied on the sole testimony of an officer identifying a pill as oxycodone by referring to a website. His counsel also said the state did not present evidence at the trial to show it was formally tested nor to show whether Brazzle had a prescription or not.
A Kansas Court of Appeals panel rejected his arguments and upheld the convictions. One judge dissented partly and said he would have found the evidence presented as insufficient to sustain the conviction for felony oxycodone possession.
The supreme court will review these arguments again and determine whether it will further review or dismiss the case on Dec. 20 in Topeka.