State v. Baker, 297 Kan. 482

Baker pleaded guilty in July 2011 to four crimes: felony murder (off-grid), child abuse (level 5), obstruction of official duty (level 9), and possession of marijuana (drug felony).
These charges stemmed from abuse of the girlfriend's 19-month-old son, resulting in skull fractures, brain damage, and the child’s death.
At sentencing, Baker requested concurrent sentences; the district court imposed consecutive sentences rather than concurrent.
The court sentenced: life with no parole for 20 years for felony murder; 128 months for child abuse; 12 months for marijuana; 7 months for obstruction.
Baker appealed on three sentencing issues; the court affirmed the sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consecutive sentences were an abuse of discretion	Baker argues the decision was arbitrary and unreasonable.	State contends no constitutional brief is required and urges deference to the court's discretion.	No abuse; reasonable person could agree with consecutive sentences.
Apprendi issue: aggravating factors for child abuse without jury	Baker claims Apprendi violation for aggravated sentence without jury review.	State relies on Johnson and limits appellate review of presumptive sentences.	Court lacks jurisdiction to review this issue; no error found.
Apprendi issue: use of criminal history for sentencing without jury beyond proof beyond reasonable doubt	Baker argues prior convictions used for sentence must be proven to a jury beyond a reasonable doubt.	State maintains use of prior convictions for sentencing is constitutional and longstanding.	No merit; prior-conviction use is constitutional; jurisdictional limitations apply; affirmed.

State v. Ross, 295 Kan. 1126 (2012) ( life sentence for off-grid crime not presumptive; supports discretionary sentencing)
State v. Ward, 292 Kan. 541 (2011) (defines abuse of discretion standard for sentencing decisions)
State v. Jamison, 269 Kan. 564 (2000) (discernment of concurrent vs. consecutive sentences)
State v. Johnson, 286 Kan. 824 (2008) (Apprendi-related review on presumptive sentences (relevant to issue 2))
State v. Ivory, 273 Kan. 44 (2002) (concerning use of prior convictions for sentencing)
State v. Brown, 295 Kan. 181 (2012) (addressing Apprendi-type challenges to sentencing)
State v. Bennington, 293 Kan. 503 (2011) (prior convictions in sentencing; guidance on review)