STATE v. EATON

No. 46,928

213 Kan. 86 (1973)

515 P.2d 807

STATE OF KANSAS, Appellee, v. JACK C. EATON, Appellant.

Supreme Court of Kansas.

Opinion filed November 3, 1973.


Attorney(s) appearing for the Case

David J. Phillips, of Topeka, argued the cause and was on the brief for appellant.

Gene M. Olander, district attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for appellee.


The opinion of the court was delivered by

FATZER, C.J.:

At issue is the validity of appellant's resentencing in the Shawnee district court on December 16, 1971, following a successful collateral attack in the United States District Court for the District of Kansas, vacating the sentence initially imposed in December 1965. The facts are not in dispute.

On November 15, 1965, appellant, Jack C. Eaton, was convicted of burglary in the second degree (K...

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