State v. Ruiz-Reyes

Caplinger, J.:

Jesus Ruiz-Reyes, Jr., appeals the district court’s denial of his objection to the use of a previous conviction to enhance the severity level of his current offense for possession of cocaine with intent to sell pursuant to K.S.A. 65-4161. He argues his previous conviction should not have been used because it did not occur until after the commission of the current offense. We agree and reverse and remand for resentencing.

Procedural and factual background

On December 5,2000, Ruiz-Reyes was arrested in Reno County for various drug crimes, including possession of cocaine with intent…