State v. Cox

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NOT DESIGNATED FOR PUBLICATION

No. 114,668

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS,
Appellee,

v.

LAMONT BARRY COX,
Appellant.


MEMORANDUM OPINION

Appeal from Riley District Court; MERYL D. WILSON, judge. Opinion filed May 20, 2016.
Appeal dismissed.

Submitted for summary disposition pursuant to K.S.A. 2015 Supp. 21-6820(g) and (h).

Before MALONE, C.J., LEBEN, J., and JOHNSON, S.J.

Per Curiam: Lamont Barry Cox appeals his sentence following his convictions of
rape and aggravated criminal sodomy. We granted Cox's motion for summary disposition
in lieu of briefs pursuant to Supreme Court Rule 7.041A (2015 Kan. Ct. R. Annot. 67).
The State has filed no response. We dismiss Cox's appeal for lack of jurisdiction.

On July 1, 2015, pursuant to a plea agreement, Cox pled no contest to one count of
rape and one count of aggravated criminal sodomy, off-grid felonies. Specifically, Cox
was charged with raping and sodomizing his girlfriend's 6-year-old daughter. On August
10, 2015, the district court granted Cox's motion for a durational departure from a life
sentence for each count under Jessica's Law and imposed a controlling sentence under the
Kansas sentencing grid of 155 months' imprisonment. The district court granted the
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departure "pursuant to the written plea agreement" between the parties. Cox's public
defender filed a notice of appeal.

On appeal, Cox argues that "the district court erred in sentencing him." But as Cox
acknowledges, an appellate court shall not review any sentence resulting from an
agreement between the State and the defendant, which the sentencing court approves on
the record. See K.S.A. 2015 Supp. 21-6820(c)(2); State v. Starks, 20 Kan. App. 2d 179,
183, 885 P.2d 387 (1994). That is the situation we have here. Cox entered into a plea
agreement to receive a 155-month sentence. The district court approved the plea
agreement on the record and imposed the sentence that Cox requested. Thus, we lack
jurisdiction to review Cox's sentence for any claimed error.

Appeal dismissed.