Kansas High Court upholds conviction of passenger jailed for meth during car search

Robert Scheuerman
Robert Scheuerman(KASPER)
Published: Jan. 14, 2022 at 4:32 PM CST
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TOPEKA, Kan. (WIBW) - The Kansas Supreme Court has upheld the conviction of a passenger who was jailed for possession of meth with intent to distribute during a car search.

The Kansas Supreme Court says in the matter of Appeal No. 122,253: State v. Robert Cash Scheuerman, justices affirmed in part and reversed in part the decision of the Court of Appeals. It also affirmed the judgment of the Barton Co. District Court after Scheuerman appealed his conviction for possession of methamphetamine with intent to distribute, a level 3 drug felony.

The Court said Scheuerman’s conviction stemmed from a trial on stipulated facts to the district court.

On appeal, Scheuerman argued - and the Court agreed - there was insufficient evidence to support his conviction because the amount of meth he stipulated he possessed, at least 3.5 grams, was larger than the range for the level 3 felony version of the crime - at least 1 gram but less than 3.5 grams.

Scheuerman also challenged the district court’s refusal to suppress the results of a car search which the Court of Appeals rejected on the basis he lacked “standing” as a passenger under the Fourth Amendment to challenge the search.

The Court said it disagreed with the Court of Appeals conclusion about the sufficiency of the evidence and concluded instead that, where the undisputed evidence establishes the possession of a greater quantity of contraband than a charged crime encompasses, that evidence is sufficient to establish the possession of the amount contemplated by the charged crime.

Thus, the Court said it concluded sufficient evidence existed to support Scheuerman’s conviction. It said it also affirmed the Court of Appeals’ conclusion that he could not challenge the search of the car.

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