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CLINTON v. STATE

No. 46,375

210 Kan. 327 (1972)

502 P.2d 852

CHESTER L. CLINTON, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

Leonard D. Munker, of Wichita, argued the cause, and Richard L. Hilton, of Wichita, was with him on the brief for the appellant.

Wallace W. Underhill, Assistant County Attorney, argued the cause, and Vern Miller, Attorney General, and Keith Sanborn, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which Chester L. Clinton (defendant-appellant) was tried to a jury and convicted of felony theft pursuant to K.S.A. 1971 Supp. 21-3701 (a). The court, having found that defendant had previously been convicted of two felonies, applied the Habitual Criminal Act, K.S.A. 1971 Supp. 21-4504 in imposing sentence. The facts of this case are undisputed and...

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