Opinion
No. 108,438.
2013-04-12
STATE of Kansas, Appellee, v. Joe Benjamin TORRES, Appellant.
Appeal from Scott District Court; Robert J. Frederick, Judge.
Submitted for summary disposition pursuant to K.S.A.2012 Supp. 21–6820(g) and (h).
Before MALONE, C.J., PIERRON and GREEN, JJ.
MEMORANDUM OPINION
PER CURIAM.
Joe Benjamin Torres appeals his sentence following his conviction of driving under the influence of alcohol (DUI). We granted Torres' motion for summary disposition in lieu of briefs pursuant to Supreme Court Rule 7.041A (2012 Kan. Ct. R. Annot. 62). The State filed has filed no response.
Torres pled guilty to DUI and received a sentence of 1 year in jail and a fine of $2,500. He appealed his sentence and this court remanded for the district court to consider community service in lieu of payment of the fine pursuant to State v. Copes, 290 Kan. 209, 224 P.3d 571 (2010). On remand, and as agreed by the parties, the district court ordered that Torres could pay his fine by performing community service at $5 per hour. Torres filed a notice of appeal.
In his motion for summary disposition, Torres claims the district court erred by ordering the community service. But the motion for summary disposition also notes that under K.S.A.2012 Supp. 26–6820(c)(2), an appellate court shall not review any sentence resulting from an agreement between the State and the defendant which the sentencing court approves on the record. That is what happened here. We agree with Torres that this court lacks jurisdiction to review his agreed upon sentence pursuant to K.S.A.2012 Supp 21–6820(c)(2).
Appeal dismissed.