Opinion
No. 107,265.
2013-06-14
STATE of Kansas, Appellee, v. Stephen Lee ROCK, Jr., Appellant.
Appeal from Johnson District Court; Thomas H. Bornholdt, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Stephen Lee Rock, Jr., filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2012 Supp. 21–6820(g) and (h). The State responded, asking this court to affirm Rock's sentences. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Rock contends the use of his criminal history for sentencing purposes in district court case No. 09CR2130, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his primary offense of aggravated battery 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 Rock 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).