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STATE v. MITCHELL

No. 46,660

210 Kan. 470 (1972)

502 P.2d 850

STATE OF KANSAS, Appellee, v. GERALD MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

Edward Chapman, of Leavenworth, argued the cause and was on the brief for the appellant.

Patrick J. Reardon, county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

Appellant pleaded guilty to escaping from the penitentiary without breaking in violation of former K.S.A. 21-734. He was sentenced to the statutory penalty for a first offender, i.e., a maximum of three years commencing upon the expiration of his present sentence. He appeals, claiming his guilty plea was coerced by the prosecutor's threats to invoke the habitual criminal act if appellant did not plead...

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