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TILLMAN v. STATE

No. 47,327

215 Kan. 365 (1974)

524 P.2d 772

EARNEST TILLMAN, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

Robert E. Jenkins, of Kansas City, argued the cause and was on the brief for the appellant.

John J. Bukaty, Jr., assistant district attorney, argued the cause, and Vern Miller, attorney general, and Nick A. Tomasic, district attorney, were 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, Earnest Tillman, pursuant to the provisions of K.S.A. 60-1507. Mr. Tillman and an accomplice by the name of Willis P. Tyus were each convicted of aggregated robbery and each was given an enhanced sentence of not less than thirty years nor more than life, pursuant to the provisions of the Habitual Criminal Statute, K.S.A. 1973 Supp. 21-4504. On appeal to this court...

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