Opinion
Nos. 106,262 106,263.
2012-09-21
STATE of Kansas, Appellee, v. Michael FANCHER, Appellant.
Appeal from Lyon District Court; W. Lee Fancher, Judge.
MEMORANDUM OPINION
PER CURIAM.
Michael Fancher 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 Fancher's motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Fancher contends the use of his criminal history for sentencing purposes in district court case Nos. 10CR508 and 10CR513, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his distribution of methamphetamine offenses 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 Fancher 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).