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BROOKS v. STATE

No. 46,796

211 Kan. 210 (1973)

505 P.2d 766

BRUCE L. BROOKS, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed January 20, 1973.

Attorney(s) appearing for the Case

Philip R. Herzig, of Salina, argued the cause and was on the brief for the appellant.

Bill Crews, county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for the appellee.

MEMORANDUM OPINION

CRIMINAL LAW — Motion to Vacate Sentence — Habitual Criminal Act — Nature of Sentence Imposed.

Per Curiam:

Appellant Bruce L. Brooks was convicted in the Saline County District Court on November 13, 1968, of the offense of burglary and burglarious larceny, and his sentence was enhanced under the habitual criminal act, K.S.A. 21-107a, on the basis of a prior felony conviction of second degree burglary...

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