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STATE v. RUIZ-REYES

No. 95,056.

175 P.3d 849 (2008)

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

Supreme Court of Kansas.

February 1, 2008.

Attorney(s) appearing for the Case

Michael S. Holland, II, of Holland and Holland, of Russell, argued the cause and Michael S. Holland, of, the same firm, was with him on the brief for appellant.

Thomas R. Stanton, deputy district attorney, argued the cause, and Keith E. Schroeder, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

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 the 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...

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