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COX v. STATE

No. 47,223

214 Kan. 652 (1974)

522 P.2d 173

EDDIE DAVID COX, Movant-Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Richard T. Merker, of Wallace, Saunders, Austin, Allen, Brown and Enochs, of Overland Park, argued the cause, and was on the brief for the movant-appellant.

Clifford Roy Roth, of Olathe, argued the cause, and Vern Miller, Attorney General, Margaret W. Jordan, District Attorney, and J.J.B. Wigglesworth, Assistant District Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal by the petitioner, Eddie David Cox, from an order denying his motion to vacate sentence filed pursuant to K.S.A. 60-1507. The essential facts in the case are not in dispute and are as follows: On May 2, 1969, the petitioner entered a plea of guilty to the offense of felony possession of a pistol in the Johnson county district court. A sentence of one to five years was imposed at that time...

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