Opinion
No. 111,854.
2014-12-24
STATE of Kansas, Appellee, v. Bryant E. DOUGLAS, Jr., Appellant.
Appeal from Sedgwick District Court; Mark A. Vining, Judge.
Submitted for summary disposition pursuant to K.S.A.2013 Supp. 21–6820(g) and (h).
Before MALONE, C.J., GREEN and SCHROEDER, JJ.
MEMORANDUM OPINION
PER CURIAM.
Bryant E. Douglas, Jr., appeals his sentence following his convictions of driving under the influence (DUI), third offense, and driving while suspended (DWS). We granted Douglas' motion for summary disposition in lieu of briefs pursuant to Supreme Court Rule 7.041A (2014 Kan. Ct. R. Annot. 66). The State filed a response and requested that the district court's judgment be affirmed.
On July 17, 2013, Douglas pled guilty to one count of DUI, third offense, a nongrid felony, and one count of DWS, a class B misdemeanor. On October 3, 2013, the district court sentenced Douglas to 9 months in jail for the DUI conviction and a concurrent term of 6 months in jail for the DWS conviction. Douglas timely appealed.
Douglas' only claim on appeal is that the district court “abused its discretion in sentencing [him] to a sentence of 9 months in jail .” A judicial action constitutes an abuse of discretion if the action (1) is arbitrary, fanciful, or unreasonable; (2) is based on an error of law; or (3) is based on an error of fact. State v. Ward, 292 Kan. 541, 550, 256 P.3d 801 (2011), cert. denied 132 S.Ct. 1594 (2012). The party asserting the district court abused its discretion bears the burden of showing such abuse of discretion. State v. Stafford, 296 Kan. 25, 45, 290 P.3d 562 (2012).
Here, the district court sentenced Douglas within the statutory range for the crimes of conviction. See K.S.A.2013 Supp. 8–1567(b)(1)(D) (DUI nongrid felony third offense); K.S.A.2013 Supp. 8–262(a)(l) and K.S.A. 21–4502(l)(b) (DWS class B misdemeanor). Douglas fails to show how the district court abused its discretion by sentencing him to 9 months in jail.
Affirmed.