Opinion
No. 107,801.
2013-06-14
STATE of Kansas, Appellee, v. Derek NEWSON, Appellant.
Appeal from Atchison District Court; Martin J. Asher, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Derek Newson 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 Newson's motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Newson contends the use of his criminal history for sentencing purposes in district court case No. 11CR231, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his offense of possession of marijuana with intent to distribute 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 Newson 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).