Gene Austin Rider v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

HILL, Circuit Judge.

This is an appeal from an order denying appellant’s petition for a writ of habeas corpus.

The facts are undisputed. Appellant is now confined in the Kansas State Penitentiary serving concurrent forty-five year sentences imposed after a jury verdict of guilty on two separate charges of second degree burglary and larceny and the offense of possession of burglary tools. The state trial court, after receiving evidence of three prior felony convictions, imposed the sentences on each conviction under the Kansas habitual criminal statute. 1 During the entire trial, appellant was…