State v. Ivory

The opinion of the court was delivered by

Six, J.-.

This case is before us on a petition for review from the Court of Appeals’ finding that Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), does not apply where the sentence imposed was based in part upon a defendant’s criminal history score under the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq. See K.S.A. 2001 Supp. 21-4704. State v. Ivory (Case No. 85,645), unpublished decision filed July 20, 2001.

The Court of Appeals reasoned that David L. Ivory received a sentence within the presumptive…