Convictions in a marijuana cultivation case from Greenwood County are becoming upheld by the Kansas Court of Appeals.
Jaime Perez Hernandez was a single of two individuals arrested in August 2014 immediately after a multi-agency law enforcement investigation led authorities to think a home was becoming employed as a develop web-site, and eventually law enforcement mentioned there have been extra than 1,700 marijuana plants becoming cultivated.
Hernandez initially told authorities he was becoming 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. Throughout court proceedings, he denied becoming paid and mentioned 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 created 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 mentioned prosecutors failed to make allegations he “recklessly” cultivated the drug, the judge was incorrect when she removed the “reckless” term from jury guidelines for the reason that there was no proof about reckless cultivation and there was insufficient proof of cultivation as a complete for the reason that there was no proof of reckless cultivation.
The Court of Appeals affirmed the district court ruling. It mentioned the proof supported Hernandez “intentionally” cultivating marijuana, which means he also “knowingly” and “recklessly” developed the drug.