Opinion
No. 106,094.
2012-09-21
STATE of Kansas, Appellee, v. Oscar Rene HARRIS, Appellant.
Appeal from Wyandotte district court; Robert P. Burns, Judge.
MEMORANDUM OPINION
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
PER CURIAM:
Oscar Rene Harris 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 Harris' motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Harris contends the use of his criminal history for sentencing purposes in district court case No. 10CR430, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his possession of cocaine with intent to distribute 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 Harris 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).