Opinion
111,643 111,644.
11-21-2014
STATE of Kansas, Appellee, v. Robert JEFFERSON III, Appellant.
MEMORANDUM OPINION
PER CURIAM.
Robert Jefferson III appeals his sentences following his convictions of multiple drug crimes in two separate cases. The cases are consolidated on appeal. We granted Jefferson's motion for summary disposition in lieu of briefs pursuant to Supreme Court Rule 7.041A (2013 Kan. Ct. R. Annot. 63). The State has filed no response.
In 13CR446, Jefferson pled guilty to distribution of opiates within 1,000 feet of a school and other drug-related crimes. Based on a criminal history score of C, the district court granted Jefferson's motion for a downward durational departure and sentenced him to a controlling 100–month prison sentence. In 13CR1018, Jefferson pled guilty to cultivation with the intent to distribute opiates and other drug-related crimes. Based on a criminal history score of B, the district court sentenced Jefferson to a controlling 122–month prison sentence. The plea agreement had requested that the district court resolve both cases by sentencing Jefferson to a total 220–month prison sentence. Jefferson timely appealed his sentence.
Jefferson's only claim on appeal is that the district court abused its discretion by sentencing him to a 222–month total prison sentence, rather than a 220–month total prison sentence under the plea agreement. A judicial action constitutes an abuse of discretion if the action (1) is arbitrary, fanciful, or unreasonable; (2) is based on an error of law; or (3) is based on an error of fact. State v. Mosher, 299 Kan. 1, 3, 319 P.3d 1253 (2014). The party asserting the district court abused its discretion bears the burden of showing such abuse of discretion. State v. Stafford, 296 Kan. 25, 45, 290 P.3d 562 (2012).
As Jefferson acknowledges, a district court is not bound by the terms of a plea agreement. See State v. Boley, 279 Kan. 989, 993, 113 P.3d 248 (2005). Jefferson fails to show how the district court abused its discretion by sentencing him to a 222–month total prison sentence, rather than a 220–month total prison sentence under the plea agreement.
Affirmed.