Opinion
No. 107,733.
2013-06-14
STATE of Kansas, Appellee, v. Richard Kyle BARNES, Appellant.
Appeal from Shawnee District Court; Richard D. Anderson, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Richard Kyle Barnes filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2012 Supp. 21–6820(g) and (h). The State responded, asking this court to affirm Barnes' sentence. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Barnes contends the use of his criminal history for sentencing purposes in district court case No. 11CR1325, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his offense of felony theft in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This issue has already been decided adversely to Barnes and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).
Affirmed pursuant to Rule 7.041a (2012 Kan. Ct. R. Annot. 62).