Opinion
No. 107,513.
2013-06-14
Appeal from Geary District Court; Maritza Segarra, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Christopher Crabb filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2012 Supp. 21–6820(g) and (h). The State did not respond to Crabb's motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Crabb contends the district court abused its discretion in district court case No. 11CR99 by denying his request for a downward dispositional sentencing departure. The district court sentenced Crabb to presumptive terms of imprisonment for his theft offense. 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).