Opinion
No. 107,187.
2013-06-14
STATE of Kansas, Appellee, v. Eduardo ORTEGA, 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).
PER CURIAM:
Eduardo Ortega 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 Ortega's motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Ortega contends the use of his criminal history for sentencing purposes in district court case No. 11CR112, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his offense of robbery 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 Ortega 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).