Admissibility of Prior Convictions

Admissibility of Prior Convictions

Defendant Bernard Preston was convicted in Johnson County for possession of cocaine with intent to sell, possession of marijuana, and possession of cocaine without a tax stamp.  State v. Preston, 2012 WL 975428, No. 98,629, at *3 (Kan. March 23, 2012).  Before trail, Preston objected to the state’s motion to admit evidence that Preston had a prior conviction for conspiracy to possess cocaine with intent to distribute.  Id.  The district court allowed the evidence, rejecting Preston’s argument for inadmissibility based on the fact that he had disputed the drugs were his.  Id.   

After the court of appeals affirmed the district court, the case was brought to the Kansas Supreme Court, where the issue heard was whether “the prior conviction was inadmissible under K.S.A. § 60-455 because Preston’s intent was not in dispute.”  Id. at *4. 

The Kansas Supreme Court first held that Preston’s prior conviction was not admissible because he disputed that the drugs were his.  Id. at *6.  Second,  the court found that the improper admission of evidence was not harmless.  Id. at *8.  Thus, the court reversed the court of appeals and remanded Preston’s case for a new trial.  Id.  

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