Opinion
No. 106,851.
2012-10-19
STATE of Kansas, Appellee, v. Jose URBANEJA, Appellant.
Appeal from Wyandotte District Court; J. Dexter Burdette, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM:
Jose Urbaneja 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 Urbaneja's motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Urbaneja contends the district court abused its discretion by denying his request in district court case No. 09CR1625 for a downward durational sentencing departure. The district court sentenced Urbaneja to presumptive terms of imprisonment for his aggravated criminal sodomy convictions. 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).