Opinion
No. 111,898.
2014-12-19
STATE of Kansas, Appellee, v. Martin Anthony RODRIGUEZ, Appellant.
Appeal from Shawnee District Court; Richard D. Anderson, Judge.Gerald E. Wells, of Jerry Wells Attorney–at–Law, of Lawrence, for appellant.ChadwickJ. Taylor, district attorney, and Jodi Lit/in, assistant district attorney, and Derek Schmidt, attorney general for appellee.
Appeal from Shawnee District Court; Richard D. Anderson, Judge.
Gerald E. Wells, of Jerry Wells Attorney–at–Law, of Lawrence, for appellant. ChadwickJ. Taylor, district attorney, and Jodi Lit/in, assistant district attorney, and Derek Schmidt, attorney general for appellee.
Before MALONE, C.J., GREEN and SCHROEDER, JJ.
MEMORANDUM OPINION
PER CURIAM.
Martin Anthony Rodriguez appeals his sentence following his guilty plea to one count of attempted aggravated robbery and one count of aggravated battery. Rodriguez claims the district court erred in denying his motion for departure. We dismiss for lack of jurisdiction.
The underlying facts are not at issue and we will not repeat them here. The district court imposed a presumptive sentence within the border box of 36 months in prison for count I and 32 months for count II, both sentences to run concurrently. A border box sentence is presumptive imprisonment unless the district court imposes an optional nonprison sentence by making specific findings on the record. K.S.A.2013 Supp. 21–6805(d). Under K.S.A.2013 Supp. 21–6804(q), denial of probation in a border box case does not constitute a departure except in limited situations, none of which are alleged here. See State v. Colbert, 24 Kan.App.2d 756, 757, 953 P.2d 1058 (1998).
Rodriguez acknowledges that this court lacks jurisdiction to review the imposition of a presumptive sentence. See K.S.A.2013 Supp. 21–6820(c)(1); State v. Huerta, 291 Kan. 831, 247 P.3d 1043 (2011). He acknowledges that his brief is being filed to “preserve whatever remedies may be available to [him] under Federal law.”
Appeal dismissed.