Opinion
No. 107,120.
2012-10-19
STATE of Kansas, Appellee, v. Phyroom KETKAN, Appellant.
Appeal from Finney District Court; Philip C. Vieux, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM.
Phyroom Ketkan 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 Ketkan's motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Ketkan contends the district court abused its discretion in district court case No. 11CR13 by not sentencing him to the mitigated term of incarceration within the applicable grid block for his conviction of distribution of methamphetamine. Because Ketkan received a presumptive sentence for his conviction, we are without jurisdiction to consider this issue. See K.S.A.2011 Supp. 21–6820(c)(1); State v. Johnson, 286 Kan. 824, 840–52, 190 P.3d 207 (2008); see also State v. Huerta, 291 Kan. 831, 840, 247 P.3d 1043 (2011) (reaffirming that appellate court does not review on direct appeal claims that defendant's presumptive sentence has a constitutionally based infirmity).
Dismissed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).