Opinion
No. 45,705
Opinion filed November 8, 1969.
SYLLABUS BY THE COURT
CRIMINAL LAW — Motion to Vacate Sentence — Evidentiary Hearing — Relief Denied. The record in a proceeding commenced pursuant to K.S.A. 60-1507 to set aside a sentence of life imprisonment imposed under the Habitual Criminal Act upon conviction for escaping from jail (K.S.A. 21-736), is examined and it is held: The district court did not err in denying the appellant the relief sought after granting him a full evidentiary hearing. Following State v. Eaton, 199 Kan. 610, 433 P.2d 347.
Appeal from Shawnee district court, division No. 2; MICHAEL A. BARBARA, judge. Opinion filed November 8, 1969. Affirmed.
Jerry R. Palmer, of Topeka, argued the cause, and was on the brief for appellant.
Gene M. Olander, County Attorney, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for appellee.
The opinion of the court was delivered by
This appeal is from an order overruling the appellant's motion (K.S.A. 60-1507) to set aside a sentence imposed for conviction of escaping from jail. Having been convicted of two prior felonies, the appellant was sentenced to life imprisonment under the Habitual Criminal Act. (K.S.A. 21-107a.) The judgment and sentence were affirmed by this court in State v. Eaton, 199 Kan. 610, 433 P.2d 347.
The points raised by the appellant in this appeal were fully considered and decided by this court in the former appeal ( State v. Eaton, supra), and the reader is referred to that opinion which is incorporated herein by reference. Any further discussion of those points would add nothing to the body of the law of this state, and it is sufficient to say the district court did not err in denying the appellant's motion to set aside the sentence imposed March 11, 1966, after granting him a full evidentiary hearing.
The judgment is affirmed.