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STATE v. RUIZ-REYES

No. 95,056.

149 P.3d 521 (2007)

STATE of Kansas, Appellee, v. Jesus E. RUIZ-REYES, Jr., Appellant.

Court of Appeals of Kansas.

January 12, 2007.

Attorney(s) appearing for the Case

Michael S. Holland and Michael S. Holland II, of Holland and Holland, of Russell, for appellant.

Thomas R. Stanton, deputy district attorney, Keith E. Schroeder, district attorney, and Phill Kline, attorney general, for appellee.

Before CAPLINGER, P.J., ELLIOTT and JOHNSON, JJ.

CAPLINGER, P.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.

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