Opinion
No. 106,132.
2013-06-14
STATE of Kansas, Appellee, v. Dustin J. MERRYFIELD, Appellant.
Appeal from Pawnee District Court; Bruce T. Gatterman, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Dustin J. Merryfield filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2012 Supp. 21–6820(g) and (h). The State did not respond to Merryfield's motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Merryfield contends the use of his criminal history for sentencing purposes in district court case No. 07CR260, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his primary offense of battery of a mental health employee 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 Merryfield 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).