Opinion
No. 107,175.
2012-10-19
STATE of Kansas, Appellee, v. Rhonda LYLE, Appellant.
Appeal from Shawnee District Court; Richard D. Anderson, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Rhonda Lyle filed a motion for summary disposition of her sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State responded, asking this court to dismiss Lyle's presumptive sentence issue and to affirm Lyle's sentences. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Lyle first contends the use of her criminal history for sentencing purposes in district court case Nos. 10CR1576, 11CR292 and 11CR735, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for her primary offense of attempted aggravated burglary 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 Lyle and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).
Lyle also contends the district court abused its discretion by denying her request for a downward dispositional and/or durational sentencing departure. The district court sentenced Lyle to presumptive terms of imprisonment for her offenses. We are without jurisdiction to consider this issue. See K.S.A.2011 Supp. 21–6820(c)(1) (appellate court shall not review any sentence within the presumptive sentence for the crime); State v. Johnson, 286 Kan. 824, 840–52, 190 P.3d 207 (2008) (same); see also State v. Huerta, 291 Kan. 831, 837, 247 P.3d 1043 (2011) (reaffirming that K.S.A. 21–4721(c)(1), now at K.S.A.2011 Supp. 21–6820(c)(1), eliminates appeals of presumptive sentences).
Affirmed in part and dismissed in part pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).