Opinion
No. 106,619.
2012-10-19
STATE of Kansas, Appellee, v. Zachery D. SCOTT, Appellant.
Appeal from Sedgwick District Court; Douglas R. Roth, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Zachery D. Scott 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 Scott's motion. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Scott contends the district court abused its discretion by denying his request in district court case No. 10CR1532 for a downward dispositional and/or durational sentencing departure. The district court sentenced Scott to a presumptive term of imprisonment for his attempted aggravated indecent liberties with a child conviction. 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)(1), eliminates appeals of presumptive sentences).
Dismissed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).