State v. Preston, 272 P.3d 1275

Police stopped Preston on a pretextual traffic stop after a stabbing incident; drugs found in the car during the later search.
Preston claimed the drugs were not his and sought suppression of the drug and money evidence.
A prior conspiracy-to Possess cocaine with intent to distribute conviction was admitted under K.S.A. 60-455 to prove knowledge/intent.
Trial admitted and trial evidence included the prior conviction referenced in opening, affidavit, and detective testimony.
The Court of Appeals affirmed; the Kansas Supreme Court granted review to address admissibility of the prior conviction.
Court reverses on the 60-455 issue and remands for a new trial on that issue, limiting consideration of other errors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prior drug conviction admissible under 60-455	Preston: inadmissible under Boggs; not disputed	State: intent disputed due to constructive possession	Not admissible; error reversible; remand for new trial
Is admission harmless error	Error affected substantial rights	Harmless given other evidence	Not harmless; remand for new trial on 60-455 issue
Impact of prior conviction on fairness of trial	Propensity evidence prejudiced jury	Limited relevance to intent	Requires reversal and remand on 60-455 issue

Boggs, 287 Kan. 298 (2008) (prior drug use inadmissible to prove intent when defendant denies possessing drugs)
Faulkner, 220 Kan. 153 (1976) (prior conviction admissible to prove intent when of disputed possession)
Wells, 289 Kan. 1219 (2009) (tests for admissibility of prior crimes under 60-455)
Gunby, 282 Kan. 39 (2006) (requirement of limiting instruction; probative vs prejudicial balance)
Reid, 286 Kan. 494 (2008) (materiality and relevancy standards for 60-455 evidence)
Garcia, 285 Kan. 1 (2007) (limiting purpose and reliance on 60-455 evidence)
McCullough, 293 Kan. _, 270 P.3d 1142 (2012) (nonconstitutional error review for evidentiary issues)