STATE v. POTTS

No. 57,651

11 Kan. App. 2d 95 (1986)

713 P.2d 967

STATE OF KANSAS, Plaintiff-Appellee, v. MAX L. POTTS, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed February 6, 1986.


Attorney(s) appearing for the Case

Charles A. O'Hara, of O'Hara, O'Hara & Tousley, of Wichita, for the appellant.

Geary N. Gorup, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before MEYER, P.J., REES, J., and FRED S. JACKSON, District Judge, assigned.


JACKSON, J.:

The defendant, Max Potts, appeals from his conviction of four counts of selling drugs. He argues on appeal that he was denied due process based on pre-accusation delay and that the sentence imposed under the Habitual Criminal Act constitutes cruel and unusual punishment.

The facts are that Kathleen Dye, a police officer on temporary assignment with the Narcotics Division of the Wichita Police Department, gave her phone number to Mr. Potts on February...

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