Opinion
No. 106,459.
2012-09-21
STATE of Kansas, Appellee, v. Ashton L. COPRIDGE, Appellant.
Appeal from Sedgwick District Court; Warren M. Wilbert, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Ashton L. Copridge 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, asking this court to affirm Copridge's sentence. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Copridge contends the use of his criminal history for sentencing purposes in district court case No. 10CR3221, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his attempted 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 Copridge and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).
Affirmed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).