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LYNCH v. STATE

No. 46,927

212 Kan. 177 (1973)

509 P.2d 1122

ROBERT EUGENE LYNCH, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

John H. Shaffer, of Weinlood, Cole, Oswalt and Shaffer, of Hutchinson, argued the cause and was on the brief for the appellant.

Dwight J. Parscale, assistant attorney general, argued the cause, and Vern Miller, attorney general, and Porter K. Brown, county attorney, were on the brief for the appellee.

MEMORANDUM OPINION

CRIMINAL LAW — Motion to Vacate — No Denial of Due Process — Double Jeopardy.

Per Curiam:

In this proceeding under K.S.A. 60-1507, the petitioner claims: (1) The judgment imposing an habitual criminal sentence was void where one of two prior convictions later was held to have been improperly used against him; (2) the correction of the sentence to change it to the proper term was also void and in...

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