Convictions in a marijuana cultivation case from Greenwood County are getting upheld by the Kansas Court of Appeals.
Jaime Perez Hernandez was 1 of two individuals arrested in August 2014 following a multi-agency law enforcement investigation led authorities to think a home was getting utilised as a develop web-site, and eventually law enforcement stated there have been extra than 1,700 marijuana plants getting cultivated.
Hernandez initially told authorities he was getting paid $100 a day to water the plants twice a day, so he was charged with single counts of cultivation, conspiracy to cultivate and other counts. In the course of court proceedings, he denied getting paid and stated he was told to water the plants at gunpoint. The jury identified him guilty on all counts and the judge sentenced him to 10 years in prison.
When prosecutors initially filed charges, they produced no statement about Hernandez’s mental state, but they later amended their complaint to say he “intentionally, knowingly and recklessly” cultivated the drug — and that was the crux of the Hernandez challenge. He stated prosecutors failed to make allegations he “recklessly” cultivated the drug, the judge was incorrect when she removed the “reckless” term from jury guidelines since there was no proof about reckless cultivation and there was insufficient proof of cultivation as a entire since there was no proof of reckless cultivation.
The Court of Appeals affirmed the district court ruling. It stated the proof supported Hernandez “intentionally” cultivating marijuana, which means he also “knowingly” and “recklessly” created the drug.