Opinion
No. 106,358.
2012-09-21
STATE of Kansas, Appellee, v. Sergio GRANADO, Appellant.
Appeal from Saline District Court; Patrick H. Thompson, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Sergio Granado 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 Granado's sentences. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Granado contends the use of his criminal history for sentencing purposes in district court case No. 10CR1155, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his primary offense of aggravated battery 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 Granado 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).