Application of the plain language of K.S.A. 65-4161(a) and (b) to the facts of this case yields the following results: Ruiz-Reyes is a person who violated K.S.A. 65-4161(a) by reason of his June 10, 2005, Reno County conviction for possession of cocaine with intent to distribute. However, at the time the defendant committed the offense that led to the Reno County conviction in 2000, he did not have "one prior conviction under this section," as he was not convicted in Ford County of possession of methamphetamine with intent to sell until 2004. See K.S.A. 65-4161(b). The inescapable conclusion is that Ruiz-Reyes did not "ha[ve]" his 2004 conviction when he "violate[d]" K.S.A. 65-4161 in Reno County in 2000. Therefore, the defendant's conduct does not comport with the plain language of K.S.A. 65-4161(b), and he could not be "guilty of a drug severity level 2 felony" under the statute.
As I previously blogged, it seems like there is an ever expanding list of "special rules" that depend on "prior offenses," so this case may have application outside of the drug arena.
[Update: here is a April 9, 2008 Hutch News article reporting that Mr. Ruiz-Reyes was resentenced to 22 months based on the KSC ruling. His original sentence was 56 months. And the article notes he was resentenced in other cases as well.]
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