State v. Ruiz-Reyes

The opinion of the court was delivered by

Davis, J.:

Jesus E. Ruiz-Reyes, Jr., was convicted of one count of possession of cocaine with fhe intent to distribute under K.S.A. 65-4161(a). At sentencing, the court determined that the defendant’s conviction should be enhanced to a severity level 2 drug felony under K.S.A. 65-4161 (b) based upon a prior drug conviction that did not become final until after the defendant committed the conduct that led to the conviction that underlies this appeal. The Court of Appeals reversed and remanded for resentencing, holding that the severity level of the…