State v. West, 281 P.3d 529

West was charged in Seward County on two drug-distribution cases (sales near a school, conspiracy, use of a telephone, no drug tax stamps) and was convicted in both, receiving a combined 562-month sentence.
On direct appeal (2008), the court affirmed some convictions, reversed others, and remanded for resentencing with guidance but no sentence recommendation.
The court applied law-of-the-case to foreclose West’s challenge to treating the sales as severity level 1 offenses on this second appeal.
Resentencing occurred June 30, 2009 before Judge Clint Peterson; proceedings were conducted back-to-back with limited opportunity for argument or input, and West was not allowed to address the court.
Judge Peterson imposed the same 562-month total sentence, with the first case reaching a 358-month peak and the second case contributing the remainder; the sentences fell within statutory ranges but were lengthy.
West argues again that the sales should be severity level 2 offenses, but the law-of-the-case doctrine forecloses this challenge on the second appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether law-of-the-case bars West’s challenge to severity level	West contends severity level 1 should be reconsidered	West’s arguments were previously decided	Law-of-the-case forecloses the issue; affirmed

State v. Collier, 263 Kan. 629 (1998 Kan.) (law-of-the-case finality and preclusion in a continuing case)
State v. Adams, 283 Kan. 365 (2007 Kan.) (ordinary rule against raising new issues on appeal with some exceptions)
State v. Gaudina, 284 Kan. 354 (2007 Kan.) (exception to preserve constitutional claims raised for first time on appeal)