Cipolla v. State

The opinion of the court was delivered by

Fromme, J.:

Donald Eugene Cipolla, also known as Donald Eugene Cippola, was convicted and sentenced as an habitual criminal for grand larceny of phonograph records from the Parkview G. E. M. Drugstore in the Mission Shopping Center, Johnson County, Kansas. The conviction was affirmed by this court on direct appeal in State v. Cippola, 202 Kan. 624, 451 P. 2d 199, cert. den. 396 U. S. 967, 24 L. Ed. 2d 432, 90 S. Ct. 446.

The present appeal arises from proceedings initiated by Cipolla pursuant to K. S. A. 60-1507. A plenary hearing was conducted on…