Opinion
No. 106,186.
2012-09-21
STATE of Kansas, Appellee, v. Craig A. BLEAN, Appellant.
Appeal from Shawnee District Court; RICHARD D. ANDERSON, judge. Opinion filed September 21, 2012. Affirmed in part and dismissed in part.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Craig A. Blean filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State responded to Blean's motion, asking this court to dismiss Blean's appeal. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Blean first contends the use of his criminal history for sentencing purposes in district court case No. 10CR985, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his burglary offense 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 Blean and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).