Opinion
No. 107,331.
2013-06-14
STATE of Kansas, Appellee, v. Gilbert John Wayne MONDRAGON, Appellant.
Appeal from Finney District Court; Michael L. Quint, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Gilbert John Wayne Mondragon 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 Mondragon's motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Mondragon contends the district court abused its discretion in district court case No. 11CR226 by denying his request for a downward durational sentencing departure. The district court sentenced Mondragon to presumptive terms of imprisonment for his residential burglary and aggravated battery convictions. We are without jurisdiction to consider this issue. See K.S.A.2012 Supp. 21–6820(c)(1) (appellate court shall not review any sentence within the presumptive sentence for the crime); State v. Huerta, 291 Kan. 831, 837, 247 P.3d 1043 (2011) (reaffirming that K.S.A. 21–4721[c][1] eliminates appeals of presumptive sentences).
Dismissed pursuant to Rule 7.041a (2012 Kan. Ct. R. Annot. 62).