State v. Martinez

Powell, J.:

Anthony H. Martinez appeals his sentence for failure to register under the Kansas Offender Registration Act. Martinez argues the district court improperly utilized three prior misdemeanor convictions to enhance his sentence, a violation of his jury trial rights under the Sixth Amendment to the United States Constitution and contrary to the holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), and the more recent United States Supreme Court opinion in Descamps v. United States, 570 U.S_, 133 S. Ct. 2276, 186 L. Ed. 2d 438 (2013). Because we are…