Johnson v. State

This is an appeal from the overruling of a motion to vacate sentence filed pursuant to K. S. A. 60-1507.

In March of 1968 the appellant was convicted by a jury of second degree burglary and grand larceny. A motion for new trial was overruled and he was sentenced under the Habitual Criminal Act. He took a direct appeal from that conviction and it was affirmed in State v. Johnson, 204 Kan. 62, 460 P. 2d 505.

Subsequently, the appellant filed this motion to vacate in May of 1970, collaterally attacking his sentence on numerous grounds. However, by amendment, stipulation and agreement of counsel,…