Opinion
No. 108,022.
2013-11-27
STATE of Kansas, Appellee, v. Tinesha McPHERSON, Appellant.
Appeal from Neosho District Court; Daryl Ahlquist, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Tinesha McPherson filed a motion for summary disposition of her sentencing appeal pursuant to K.S.A.2012 Supp. 21–6820(g) and (h). The State did not respond to McPherson's motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
McPherson contends the use of her criminal history for sentencing purposes in district court case No. 10CR278, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for her offense of manufacture of methamphetamine 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 McPherson and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).
Affirmed pursuant to Rule 7.041A (2012 Kan. Ct. R. Annot. 62).