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STATE v. BYRD

No. 45,248

203 Kan. 45 (1969)

453 P.2d 22

STATE OF KANSAS, Appellee, v. HERMAN BYRD, JR., Appellant.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

Roy Kirby, of Coffeyville, argued the cause and was on the brief for appellant.

Monte K. Heasty, County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Timothy R. Emert, Assistant County Attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

FROMME, J.:

This is a direct criminal appeal. It stems from an order denying defendant's motion to withdraw pleas of guilty after judgment and sentence.

The appeal presents one primary question. Were the guilty pleas involuntary because of plea discussions leading to a plea agreement? The plea agreement resulted in not invoking the Habitual Criminal Act (K.S.A. 21-107a...

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