NOT DESIGNATED FOR PUBLICATION No. 122,409 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KENNETH MANN SHIMER, Appellant. MEMORANDUM OPINION Appeal from Geary District Court; MARITZA SEGARRA and COURTNEY D. BOEHM, judges. Opinion filed September 24, 2021. Affirmed. Rick Kittel, of Kansas Appellate Defender Office, for appellant. Tony Cruz, assistant county attorney, and Derek Schmidt, attorney general, for appellee. Before BRUNS, P.J., GARDNER and CLINE, JJ. PER CURIAM: Kenneth Mann Shimer appeals his convictions of several drug charges. Following his convictions, Shimer was sentenced to a controlling term of 52 months' imprisonment, a downward durational departure from the presumptive sentence. On appeal, Shimer contends that: (1) the district court erred in failing to suppress evidence—including a large amount of marijuana—found in the rental car he was driving; (2) the State denied his statutory and constitutional right to a speedy trial; and (3) the evidence was insufficient to support his conviction on the charge of conspiracy to possess marijuana with the intent to distribute. For the reasons set forth in this opinion, we affirm Shimer's convictions. 1 FACTS This case arises out of a traffic stop of a rental car travelling on I-70 in Geary County on May 15, 2015. The car was being driven by Kenneth Mann Shimer, and Christine Gilbeau-Braum was a passenger. During the stop, a drug-detection dog alerted to the presence of drugs in the car. Based on the canine alert and indication, law enforcement officers searched the rental car and found more than 60 pounds of marijuana sealed in packages located in six suitcases and duffle bags in the trunk. In addition, the officers found a jar containing marijuana in the center console between the driver and the passenger. The State initially charged Shimer with possession of marijuana with intent to distribute, no drug tax stamp, conspiracy to possess marijuana with the intent to distribute, and possession of marijuana. On May 18, 2015, Shimer posted a $100,000 bond, waived extradition, and returned to Myrtle Beach, South Carolina, with orders to return for the next status hearing set for June 2015. Prior to trial, Shimer filed multiple motions, including several motions to suppress the evidence found during the search of the rental car he was driving. In the motions to suppress, Shimer claimed: (1) the traffic stop was not supported by reasonable suspicion; (2) the traffic stop was improperly extended beyond its original purpose; and (3) the drug sniff was not reliable. The district court denied Shimer's motions to suppress, and a jury ultimately convicted Shimer on three of the charges. The other charge had been dismissed by the State before submission of the case to the jury. 2 Motion to Suppress Hearing The district court held a suppression hearing over the course of two days in August and December 2017. The first portion of the hearing was held on August 3, 2017. At that time, the State presented the testimony of Junction City Police Officer Nicholas Blake. The State …
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