Baker v. State

This appeal is from an adverse ruling after hearing, on appellant’s second application under K. S. A. 60-1507, in which he attacks a burglary conviction in 1970, and sentence under the Kansas Habitual Criminal Act, K. S. A. 21-107a.

The circumstances warrant our consideration of the petitioner’s claim for relief on its merits.

Two questions are presented. The first is whether K. S. A. 21-107a is constitutional. Validity is attacked on the ground the statute is an unconstitutional delegation of judicial power to county attorneys for plea bargaining purposes.

A reading of the statute clearly…