Supreme Court of Kansas December 12, 1970, 45,872 (Tuscano v. State)

The opinion of the court was delivered by

Fontron, J.:

In September, 1964, the plaintiff, or petitioner, one Peter Paul Tuscano, was tried and convicted by a jury on charges of second-degree burglary and larceny. He was sentenced, pursuant to the provisions of the Habitual Criminal Act (K. S.A. 21-107a), to serve consecutive sentences for the two offenses. The present action, instituted under K.