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BAKER v. STATE

No. 47,206

213 Kan. 874 (1974)

518 P.2d 537

CARL WAYNE BAKER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed January 26, 1974.

Attorney(s) appearing for the Case

Roy Kirby, of Coffeyville, argued the cause and was on the brief for Appellant.

Richard A. Medley, county attorney, argued the cause, and Vern Miller, attorney general, Lawrence E. Meyers, assistant county attorney, and Thomas L. Bright, legal intern, of Coffeyville, were with him on the brief for the Appellee.

MEMORANDUM OPINION

CRIMINAL LAW — Motion to Vacate — Constitutionality — Sentence Under Habitual Criminal Act Valid.

Per Curiam:

This appeal is from an adverse ruling after hearing, on appellant's second application under K.S.A. 60-1507, in which he attacks a burglary conviction in 1970, and sentence under the Kansas Habitual Criminal Act, K.S.A. 21-107a.

The circumstances warrant our consideration of the...

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