State v. Renterio

Full title: State of Kansas, Appellee, v. Miguel S. Renterio, Appellant.

Court: Court of Appeals of Kansas

Date published: Jul 22, 2022

124,673 (Kan. Ct. App. Jul. 22, 2022)

Opinion

124,673

07-22-2022

State of Kansas, Appellee, v. Miguel S. Renterio, Appellant.

Per Curiam

NOT DESIGNATED FOR PUBLICATION

Appeal from Lyon District Court; Merlin G. Wheeler, judge.

Submitted by the parties for summary disposition under K.S.A. 2021 Supp. 21-6820(g) and (h).

Before Green, P.J., Schroeder and Cline, JJ.

MEMORANDUM OPINION

Per Curiam

Miguel S. Renterio appeals the district court's sentencing decision because it did not follow the recommendations in his plea agreement. We granted Renterio's motion for summary disposition under Kansas Supreme Court Rule 7.041A (2022 Kan. S.Ct. R. at 48). The State did not respond.

Under the revised Kansas Sentencing Guidelines Act, we lack jurisdiction to review Renterio's sentence because it was within the presumptive range for the crimes charged. K.S.A. 2021 Supp. 21-6820(c)(1); State v. Albano, 313 Kan. 638, 640, 487 P.3d 750 (2021). Also, the district court was not bound by the sentencing recommendations made in the plea agreement. State v. Beck, 307 Kan. 108, 110, 406 P.3d 377 (2017).

Appeal dismissed under Supreme Court Rule 7.041A(d).