Opinion
No. 106,109.
2012-09-21
STATE of Kansas, Appellee, v. Gregory Shane ROBERTS, Appellant.
Appeal from Shawnee District Court; Evelyn Z. Wilson, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM.
Gregory Shane Roberts filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State responded to Roberts' motion, asking this court to affirm Roberts' sentences. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Roberts contends the use of his criminal history for sentencing purposes in district court case No. 09CR2121, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his primary offense of unlawful possession of a controlled substance 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 Roberts and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).
Affirmed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).