Opinion
Nos. 106,722 106,723.
2012-10-19
STATE of Kansas, Appellee, v. Robert Thomas LEWIS, Appellant.
Appeal from Shawnee District Court; Nancy E. Parrish, Judge. Opinion filed October 19, 2012. Dismissed.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Robert Thomas Lewis 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 dismiss Lewis' appeal. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Lewis contends the district court abused its discretion by not sentencing him to the mitigated term of incarceration within the applicable grid block for his attempted aggravated burglary conviction in district court case No. 10CR1251 and for his burglary of a nondwelling conviction in district court case No. 10CR1269. Because Lewis received presumptive sentences for these convictions, we are without jurisdiction to consider this issue. See K.S.A.2011 Supp. 21–6820(c)(1); State v. Johnson, 286 Kan. 824, 840–52, 190 P.3d 207 (2008); see also State v. Huerta, 291 Kan. 831, 837, 247 P.3d 1043 (2011) (reaffirming that appellate court does not review on direct appeal claims that defendant's presumptive sentence has a constitutionally based infirmity).
Dismissed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).