Opinion
No. 107,202.
2012-10-19
STATE of Kansas, Appellee, v. Twyna WEBSTER, Appellant.
Appeal from Shawnee District Court; Evelyn Z. Wilson, Judge.
Submitted for summary disposition pursuant to K.S.A.2011 Supp. 21–6820(g) and (h).
MEMORANDUM OPINION
PER CURIAM.
Twyna Webster filed a motion for summary disposition of her sentencing appeal pursuant to K.S A.2011 Supp. 21–6820(g) and (h). The State responded, asking this court to affirm Webster's sentence. We have reviewed the record on appeal and find no error in the sentence imposed by the district court.
Webster contends the use of her criminal history for sentencing purposes in district court case No. 10CR2075, without putting it to a jury and proving it beyond a reasonable doubt, increased the maximum possible penalty for her offense of theft after two prior convictions 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 Webster 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).