Clinton v. State

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal in a criminal action in which Chester L. Clinton (defendant-appellant) was tried to a jury and convicted of felony theft pursuant to K. S. A. 1971 Supp. 21-3701 (a). The court, having found that defendant had previously been convicted of two felonies, applied the Habitual Criminal Act, K. S. A. 1971 Supp. 21-4504 in imposing sentence. The facts of this case are undisputed and no detailed statement is necessary. The evidence was sufficient to show that appellant shoplifted a coat from a retail store.

Appellants first…