Opinion
No. 107,449.
2013-06-14
STATE of Kansas, Appellee, v. Derek J. DUTTON, Appellant.
Appeal from Sedgwick District Court; Douglas R. Roth, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Derek J. Dutton filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2012 Supp. 21–6820(g) and (h). The State responded, asking this court to affirm Dutton's sentences. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Dutton contends the use of his criminal history, including his juvenile adjudications, for sentencing purposes in district court case Nos. 11CR2919 and 11CR2990, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his primary offense of aggravated battery 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 Dutton 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). Dutton's juvenile adjudications were final prior to June 20, 2008.
Affirmed pursuant to Rule 7.041a (2012 Kan. Ct. R. Annot. 62).