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State v. Helaire

Supreme Court of Kansas.
Oct 19, 2012
286 P.3d 1136 (Kan. 2012)

Opinion

No. 106,754.

2012-10-19

STATE of Kansas, Appellee, v. Earl Anthony HELAIRE, III, Appellant.


Appeal from Shawnee District Court; Mark S. Braun, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).

MEMORANDUM OPINION


PER CURIAM:

Earl Anthony Helaire, III, filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State responded, asking this court to affirm Helaire's sentence. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.

Helaire contends the use of his criminal history for sentencing purposes in district court case No. 11CR111, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his aggravated assault offense 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 Helaire and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).

Affirmed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).


Summaries of

State v. Helaire

Supreme Court of Kansas.
Oct 19, 2012
286 P.3d 1136 (Kan. 2012)
Case details for

State v. Helaire

Case Details

Full title:STATE of Kansas, Appellee, v. Earl Anthony HELAIRE, III, Appellant.

Court:Supreme Court of Kansas.

Date published: Oct 19, 2012

Citations

286 P.3d 1136 (Kan. 2012)