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STATE v. WILSON

No. 52,243

230 Kan. 287 (1981)

634 P.2d 1078

STATE OF KANSAS, Appellee, v. MICHAEL J. WILSON, Appellant.

Supreme Court of Kansas.

Opinion filed October 23, 1981.

Attorney(s) appearing for the Case

Milo M. Unruh, Jr., of Arn, Mullins, Unruh, Kuhn & Wilson, of Wichita, argued the cause and David Michael Rapp, of Moore & Rapp, of Wichita, was with him on the briefs for appellant.

Jack Peggs, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, Clark V. Owens, district attorney, Michael Barbara, assistant district attorney, and Jeff Brewer, legal intern, were with him on the briefs for appellee.

The opinion of the court was delivered by

HOLMES, J.:

The Kansas Court of Appeals in this action stated:

"[F]or the enhancement of the sentence of a defendant as a third offender under K.S.A. 1980 Supp. 21-4504(2), it is necessary that each succeeding offense be committed after conviction for the preceding offense. Otherwise stated, it is required that there be the commission and conviction of one offense, followed by the commission and conviction...

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