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LE VIER v. STATE

No. 46,821

214 Kan. 287 (1974)

520 P.2d 1325

JOHN L. Le VIER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

F.G. Manzanares, of Topeka, argued the cause and was on the brief for the appellant.

Gene M. Olander, district 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

FONTRON, J.:

This action is brought by the movant, John L. Le Vier, pursuant to K.S.A. 60-1507, attacking the validity of a sentence imposed against him by the Shawnee district court under the provisions of the Habitual Criminal Act, K.S.A. 21-107a.

Only one issue is presented on appeal: Is a conviction of escaping from the state industrial school for boys, in violation of G.S. 1949, 21-2001 (now K.S.A. 1973...

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