Rex Dewayne Nelson v. Warden of the Kansas State Penitentiary

Nelson appeals from denial of a petition for a writ of habeas corpus. In 1966, he was convicted of robbery in the first degree. The sentencing court having found that Nelson had been convicted of a prior felony in 1958, an augmented sentence of not less than twenty (20) nor more than forty-two (42) years was imposed pursuant to the Kansas Habitual Criminal Act, K.S.A. 21-107a. The conviction and sentence were affirmed on appeal. State v. Nelson, 200 Kan. 411, 436 P.2d 885 (1968), cert. denied, 392 U.S. 915, 88 S.Ct. 2078, 20 L.Ed.2d 1375 (1968).

Apparently, Nelson was granted probation…