Mize v. State

The opinion of the court was delivered by

Hatcher, C.:

This was a proceeding to vacate and set aside a sentence under the provisions of K. S. A. 60-1507.

On March 8, 1962, the petitioner was convicted of burglary in the second degree as defined by G. S. 1959 Supp., 21-520 and larceny as defined by G. S. 1949, 21-524. After due notice the petitioner was sentenced under G. S. 1949, 21-107a as an habitual criminal. (Statutory designation now K. S. A.)

On May 3, 1965, petitioner filed proceedings under K. S. A. 60-1507 seeking to have his conviction and sentence vacated and set aside. The trial court…