Richard D. Tyrrell v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

Tyrrell is confined in the Kansas State Prison, serving an habitual offender sentence of not less than fifteen years, imposed in 1965, upon his plea of guilty to third-degree forgery. He has exhausted state remedies. Tyrell v. State, 199 Kan. 142, 427 P.2d 500 (1967).

He attacks his sentence as an habitual offender on the grounds .that he was not advised of invocation of the habitual criminal statute until after he had entered his plea of guilty, and that a 1961 Nebraska conviction, relied upon to enhánce his sentence, was void because he was without counsel.

Tyrrell’s own testimony established…