Opinion
No. 106,371.
2012-09-21
STATE of Kansas, Appellee, v. Timothy R. DENNIS, Appellant.
Appeal from Sumner District Court; R. Scott McQuin, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM.
Timothy R. Dennis filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State did not respond to Dennis' motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Dennis first contends the use of his criminal history for sentencing purposes in district court case No. 10CR227, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his possession of marijuana after prior conviction 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 Dennis and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).