The Kansas Court of Appeals has affirmed the sentence in a Lyon County drug case.
Roberto Herrera said he was illegally sentenced last year, claiming district court wrongly used his prior domestic battery convictions to elevate his criminal history score and thus give him a stronger penalty after he was convicted of methamphetamine distribution and possession, both within 1,000 feet of a school. He was sentenced to over 10 years in prison after two of his previous battery convictions were listed as a person felony for criminal history purposes.
The Court of Appeals said Herrera was convicted of two drug crimes so Herrera’s argument was without merit.
