Opinion
No. 107,085.
2012-10-19
STATE of Kansas, Appellee, v. Michael L. SAVILLE, Appellant.
Appeal from Sumner District Court; William R. Mott, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM.
Michael L. Saville filed a motion for summary disposition of his sentencing appeal pursuant to K.S.A.2011 Supp. 21–6820(g) and (h). The State did not respond to Saville's motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Saville contends the district court abused its discretion by denying his request in district court case No. 11CR70 for a downward dispositional and/or durational sentencing departure. The district court sentenced Saville to presumptive terms of imprisonment for his two burglary of a dwelling 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 sentencing range for the crime); 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)(l), eliminates appeals of presumptive sentences).
Dismissed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).