Opinion
No. 106,675.
2012-10-19
STATE of Kansas, Appellee, v. Artemas Neal WALTERS, Appellant.
Appeal from Finney District Court; Michael L. Quint, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM.
Artemas Neal Walters 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 Walters' motion. We have reviewed the record on appeal and find no error in the sentences imposed by the district court.
Walters contends the use of his criminal history for sentencing purposes in district court case No. 11TR135, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for his primary offense of driving under the influence—third or subsequent offense, in violation of Apprendi v.. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This issue has already been decided adversely to Walters and is without merit. See State v. Ivory, 273 Kan. 44, 46–47, 41 P.3d 781 (2002).
Affirmed pursuant to Rule 7.041a (2011 Kan. Ct. R. Annot. 60).