Palmer v. State

The opinion of the court was delivered by Robert L. Palmer is now in custody of the warden at the state penitentiary at Lansing, Kansas. He was tried and convicted of the crime of burglary in the second degree and received a sentence under the Habitual Criminal Act. (G.S. 1949, 21-107a, now K.S.A. 21-107a.) Mr. Palmer now appeals from a judgment of the District Court of Reno County summarily denying his motion to vacate filed pursuant to K.S.A. 60-1507. Appellant contends that his sentence under the Habitual Criminal Act was improper in three particulars, (1) the prior convictions upon which the increased sentence was based were too remote, (2) no notice was given of an intention to impose the increased sentence and (3) he should have been notified prior to entry of his plea to the charges. We will examine these three contentions.