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STATE v. CALDWELL

No. 46,500

208 Kan. 674 (1972)

493 P.2d 235

STATE OF KANSAS, Appellee, v. DELBERT WILSON CALDWELL, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1972.

Attorney(s) appearing for the Case

Tom Boone, 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, and John A. Price, special prosecutor, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Appellant pleaded guilty to the offense of robbery in the first degree (K.S.A. 21-527) and received the statutory sentence (K.S.A. 21-530), from which judgment he now appeals. Prosecution was commenced under our former criminal procedural code and appellant has elected to be proceeded against under that code, as permitted by K.S.A. 1971 Supp. 22-4602.

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