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JOHNSON v. STATE

No. 51,262

4 Kan. App. 2d 573 (1980)

608 P.2d 1044

CARL J. JOHNSON, a/k/a HERSHEL B. WESSON, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed April 4, 1980.

Attorney(s) appearing for the Case

Robert G. Frey, of Frey, Smith & Schmidt, of Liberal, for appellant.

There was no appearance by appellee.

Before FOTH, C.J., SWINEHART and MEYER, JJ.

MEYER, J.:

This is an appeal from the trial court's denial of relief as to an application by Carl J. Johnson, a/k/a Hershel B. Wesson (appellant), filed pursuant to K.S.A. 60-1507.

Appellant is presently incarcerated in Texas and is serving a life sentence imposed upon his conviction for burglary in that state in 1973. The normal sentence for burglary was enhanced to the life term pursuant to the Texas habitual criminal act, based upon a 1954 felony conviction...

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