State v. Eaton

The opinion of the court was delivered by

Fatzer, C. J.:

At issue is the validity of appellant’s resentencing in the Shawnee district court on December 16, 1971, following a successful collateral attack in the United States District Court for the District of Kansas, vacating the sentence initially imposed in December 1965. The facts are not in dispute.

On November 15, 1965, appellant, Jack C. Eaton, was convicted of burglary in the second degree (K. S. A. 21-514), and larceny committed during the commission of a burglary (K. S. A. 21-524). After conviction, the state notified appellant of its…