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State v. Manbeck1/30/2004
eption for prior convictions. This court addressed that very argument in Ivory, finding that there was no authority for extending the holding of Apprendi to prior convictions. 273 Kan. at 47. Manbeck fails to cite any new authority in support of his proposition that Ivory should be overturned, and we decline to do so.
In State v. Washington, 275 Kan. 644, 680, 68 P.3d 134 (2003), this court addressed a similar issue. The defendant in Washington claimed that his hard 50 sentence violated Apprendi, arguing that this court's decision in State v. Conley, 270 Kan. 18, 11 P.3d 1147 (2000), cert. denied 532 U.S. 932 (2001), was in error. Without any authority to the contrary, this court refused to overrule its prior decision in Conley and rejected the defendant's argument. 275 Kan. at 680. The reasoning in Washington applies in this case. Manbeck's claim that K.S.A. 2002 Supp. 21-4711(c)(2) violates Apprendi is without merit.
The Court of Appeals' decision is affirmed. The district court is affirmed in part, Manbeck's sentence is vacated, and the case is remanded for resentencing using a criminal history score of "F" consistent with this opinion.
BEIER, J., not participating.
LARSON, S.J., assigned.
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