Fairbanks v. State

The opinion of the court was delivered by This is an appeal from an order denying a second motion for relief under the provisions of K.S.A. 60-1507. On July 17, 1963, petitioner, Walter B. Fairbanks, while represented by counsel of his own choice, entered a plea of guilty to possession of burglary tools, waived his right to trial by jury on charges of burglary in the second degree and attempted larceny, and proceeded to trial by the court. The charge of attempted larceny was later dismissed by the state and petitioner was found guilty only of second degree burglary. Petitioner filed a motion for new trial which was overruled and then was sentenced pursuant to the Habitual Criminal Act (K.S.A. 21-107a) to terms of from ten to twenty years on the burglary charge and from two to six years for possession of burglary tools, the sentences were directed to run concurrent with each other.