State v. Gould

The opinion of the 'court was delivered by

Six, J.:

Defendant Crystal Gould appeals her K.S.A. 21-3609 convictions on three counts of child abuse. Gould also claims for the first time on appeal that Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), renders her enhanced sentence void and the Kansas upward departure sentencing scheme, part of the Kansas Sentencing Guidelines Act (KSGA), K.S.A. 21-4701 et seq., unconstitutional.

Our jurisdiction is under K.S.A. 20-3018(c), a transfer on our motion from the Court of Appeals.

Gould first contends that her convictions…