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NOT DESIGNATED FOR PUBLICATION

No. 121,973

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS,

Appellee,

v.

ERIC B. BREWER,

Appellant.

MEMORANDUM OPINION

Appeal from Sedgwick District Court; CHRISTOPHER M. MAGANA, judge. Opinion filed July 2, 

2020. Affirmed.

Submitted for summary disposition pursuant to K.S.A. 2019 Supp. 21-6820(g) and (h).

Before WARNER, P.J., MALONE, and BRUNS, JJ.

PER CURIAM: Eric B. Brewer appeals the district court's denial of his request to 

modify his sentence after revoking his probation. Brewer complains that the district court 

abused its discretion in declining to run his underlying sentence concurrently with three 

prior municipal court sentences. We granted Brewer's motion for summary disposition 

pursuant to Supreme Court Rule 7.041A (2020 Kan. S. Ct. R. 47). The State responded 

by not objecting to summary disposition, but it asks that the district court's judgment be 

affirmed. Finding no abuse of discretion, we affirm the district court's judgment.

In 2018, Brewer pled guilty to one count of felony domestic battery and one count 

of misdemeanor battery in case 18CR1962. The convictions arose out of an incident 

between Brewer and his girlfriend, S.L. The district court imposed a controlling sentence 
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of 18 months in jail but granted probation for 12 months. The district court also ordered 

that the sentence run consecutively to Brewer's sentences in three prior municipal court 

cases, all involving domestic battery convictions.

While on probation, Brewer pled guilty to criminal damage to property in case 

19CR1213. This new case also arose from a domestic violence incident involving S.L. As 

a result, the district court revoked Brewer's probation in case 18CR1962 because he 

committed a new crime and was a threat to public safety. Brewer asked the district court

to modify his sentence in 18CR1962 and run the 18-month jail term concurrently with the 

three prior municipal court sentences. The district court denied this request noting 

Brewer's extensive criminal history involving multiple batteries and his failure to take 

advantage of probation opportunities.

On appeal, Brewer claims the district court "erred by denying [his] request for a 

sentence modification to have his three municipal court cases run concurrently with this 

case." Brewer acknowledges that it is within the district court's discretion to run the 

sentences in the separate cases concurrently or consecutively. The State responds that 

Brewer "has failed to present any compelling argument as to why the district court 

abused its discretion in running the sentences consecutively."

K.S.A. 2019 Supp. 22-3716(c)(1)(C) provides that upon revoking an offender's 

probation, the district court may require the offender to serve the original sentence "or 

any lesser sentence." The district court's decision to modify a sentence upon revoking 

probation rests within the court's discretion. State v. Reeves, 54 Kan. App. 2d 644, 648, 

403 P.3d 655 (2017). Judicial discretion is abused if the action (1) is arbitrary, fanciful, or 

unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial 

court; (2) is based on an error of law; or (3) is based on an error of fact. State v. Jones, 

306 Kan. 948, 957, 398 P.3d 856 (2017). Brewer bears the burden to show an abuse of 

discretion. See State v. Rojas-Marceleno, 295 Kan. 525, 531, 285 P.3d 361 (2012).
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Brewer fails to provide any facts to show how the district court abused its 

discretion in failing to modify the sentence. The record reflects that Brewer has been 

convicted of crimes in five separate cases arising from domestic violence. The district 

court noted that Brewer needed to serve each sentence separately because of his failure to 

take advantage of probation opportunities. Brewer fails to convince us that no reasonable 

person would have taken the district court's position. We conclude the district court did 

not abuse its discretion in denying Brewer's request for a sentence modification.

Affirmed.