Burns v. State

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from denial of relief prayed for in plaintiff’s K. S. A. 60-1507 motion to vacate sentence.

On September 29, 1965, plaintiff Billy Dean Burns pled guilty to three counts of second degree burglary and grand larceny in violation of K. S. A. 21-520 and 21-524, both now repealed. Burns changed his plea from not guilty to guilty and the county attorney withdrew his motion for imposition of the habitual criminal act. (K.S.A. 21-107a, now IC. S. A. 1973 Supp. 21-4504.) The court sentenced Bums to five to ten years on each of the…