State v. Robertson

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal from a conviction of robbery (K.S.A. 21-3426). The defendant, Dale A. Robertson, was charged with aggravated robbery (K.S.A. 21-3427) but was convicted of the lesser offense. In sentencing the defendant, the trial court invoked the habitual criminal statute (K.S.A. 21-4504[2]). The defendant appeals from the judgment of conviction and the application of the habitual criminal statute in imposing sentence.

The facts in the case are not greatly in dispute and are as follows: A robbery occurred on December 14, 1977, at a…