Opinion
No. 106,297.
2012-09-21
STATE of Kansas, Appellee, v. Bryan Eugene CHAPMAN, Appellant.
Appeal from Marshall District Court; John L. Weingart, Judge.
Submitted for summary disposition pursuant to K.SA.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Bryan Eugene Chapman filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2011 Supp. 216820(g) and (h). The State did not respond to Chapman's motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Chapman first contends the use of his criminal history for sentencing purposes in district court case No. 10CR135, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his primary offense of burglary of a nondwelling 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 Chapman and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).