Opinion
No. 106,105.
2012-09-21
STATE of Kansas, Appellee, v. Amanda HUBBARD, Appellant.
Appeal from Lyon District Court; W. Lee Fowler, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM.
Amanda Hubbard filed a motion for summary disposition of her sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State responded to Hubbard's motion, asking this court to affirm Hubbard's sentences. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Hubbard contends the use of her criminal history for sentencing purposes in district court case No, 10CR175, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for her primary offense of forgery 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 Hubbard 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).