Lynch v. State

In this proceeding under K. S. A. 60-1507, the petitioner claims: (1) The judgment imposing an habitual criminal sentence was void where one of two prior convictions later was held to have been improperly used against him; (2) the correction of the sentence to change it to the proper term was also void and in violation of the bill of rights; and (3) he is entitled to have the sentence vacated or further modified because the erroneous sentence deprived him of timely opportunity to appear for parole consideration.

These claims must be disposed of in the light of our decisions in Roberts v.…