State v. Mitchell

The opinion of the court was delivered by

Foth, C.:

Appellant pleaded guilty to escaping from the penitentiary without breaking in violation of former K. S. A. 21-734. He was sentenced to the statutory penalty for a first offender, i. e., a maximum of three years commencing upon the expiration of his present sentence. He appeals, claiming his guilty plea was coerced by the prosecutors threats to invoke the habitual criminal act if appellant did not plead guilty — threats which, he asserts, illustrate the unconstitutionality of the act.

Appellants offense was committed on September 4, 1969, and…