Opinion
No. 107,460.
2013-06-14
STATE of Kansas, Appellee, v. Amber CARTWRIGHT, Appellant.
Appeal from Finney District Court; Philip C. Vieux, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Amber Cartwright filed a motion for summary disposition of her sentencing appeal pursuant to K.S.A.2012 Supp. 21–6820(g) and (h). The State did not respond to Cartwright's motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Cartwright first contends the use of her criminal history, including her juvenile adjudication, for sentencing purposes in district court case No. 11CR339, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for her offense of making false information 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 Cartwright and is without merit. See State v. Fischer, 288 Kan. 470, Syl. ¶ 3, 203 P.3d 1269 (2009) (juvenile adjudications final on June 20, 2008, the date the court filed In re L.M., 286 Kan. 460, 186 P.3d 164 [2008], may be included in an offender's criminal history score); State v. Hitt, 273 Kan. 224, 236, 42 P.3d 732 (2002), cert. denied537 U.S. 1104 (2003); State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002). Cartwright's juvenile adjudication was final prior to June 20, 2008.
Cartwright also contends the district court abused its discretion by denying her request for a downward dispositional sentencing departure. The district court sentenced Cartwright to a presumptive term of imprisonment for her conviction. We are without jurisdiction to consider this issue. See K.S.A.2012 Supp. 21–6820(c)(l) (appellate court shall not review any sentence within the presumptive sentencing range 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).
Affirmed in part and dismissed in part pursuant to Rule 7.041a (2012 Kan. Ct. R. Annot. 62).