State v. Lyon

The opinion of the court was delivered by

Fontron, J.:

This is an appeal by the State of Kansas from an order of the district court of Lane County resentencing the defendant, Ronald Lyon, and granting him probation.

The facts are not in dispute. On November 20, 1967, the defendant, appellee herein, was convicted of a felony, i. e., embezzlement by bailee, in violation of K. S. A. 21-547. On December 19, 1967, after evidence of two prior felony convictions was introduced, the defendant was sentenced to the Kansas State Penitentiary as an habitual criminal. On appeal, the judgment was affirmed in…