Opinion
Nos. 107,484 107,485.
2013-06-14
STATE of Kansas, Appellee, v. Scotty Wayne YEUBANKS, Appellant.
Appeal from Montgomery District Court; Roger L. Gossard, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Scotty Wayne Yeubanks filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State did not respond to Yeubanks' motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Yeubanks contends the district court abused its discretion in district court case No. 11CR199 by denying his request for a downward dispositional and/or durational sentencing departure. The district court sentenced Yeubanks to presumptive terms of imprisonment for his offenses of distribution of methamphetamine and attempted failure to register. 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).