State v. Mullins

The opinion of the court was delivered by

Miller, J.:

Mayo Mullins was convicted of aggravated robbery, in violation of K.S.A. 21-3427, and he appeals. The sentence imposed was confinement for not less than 15 years, without parole eligibility until that minimum sentence is served.

Mullins contends that it was a denial of his constitutional right to trial by jury for the court to make a finding of fact, i.e., that Mullins used a firearm in the commission of the offense, when the court invoked K.S.A. 1977 Supp. 21-4618 at the time of sentencing; that the evidence was insufficient to sustain the…