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TUSCANO v. STATE

No. 45,872

206 Kan. 260 (1970)

478 P.2d 213

PETER PAUL TUSCANO, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Arthur A. Glassman, of Sloan, Listrom, Eisenbarth, Sloan, and Glassman, of Topeka, argued the cause and was on the brief for the appellant.

William E. Enright, Assistant County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Gene M. Olander, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

In September, 1964, the plaintiff, or petitioner, one Peter Paul Tuscano, was tried and convicted by a jury on charges of second-degree burglary and larceny. He was sentenced, pursuant to the provisions of the Habitual Criminal Act (K.S.A. 21-107a), to serve consecutive sentences for the two offenses. The present action, instituted under K.S.A. 60-1507, collaterally challenges the sentences thus imposed...

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