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STATE v. ROBERTSON

No. 50,056

225 Kan. 572 (1979)

592 P.2d 460

STATE OF KANSAS, Appellee, v. DALE A. ROBERTSON, Appellant.

Supreme Court of Kansas.

Opinion filed March 31, 1979.

Attorney(s) appearing for the Case

Clarence R. Wietharn, of Overland Park, argued the cause and was on the brief for the appellant.

Dale Blair Watson, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Dennis W. Moore, district attorney, and Michael D. Reed, assistant district attorney, were on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal from a conviction of robbery (K.S.A. 21-3426). The defendant, Dale A. Robertson, was charged with aggravated robbery (K.S.A. 21-3427) but was convicted of the lesser offense. In sentencing the defendant, the trial court invoked the habitual criminal statute (K.S.A. 21-4504[2]). The defendant appeals from the judgment of conviction and the application of the habitual criminal statute...

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