(DOWNLOAD) "State v. Fountaine" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Fountaine
- Author : Supreme Court of Kansas
- Release Date : January 12, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The opinion of the court was delivered by This is an appeal by the defendant, George A. Fountaine, from two sentences imposed against him on June 10, 1966. The case appears before this court for the third time and a brief history is essential to an understanding of the issues which are involved. In this opinion we will refer to the appellant as the defendant or Fountaine and to appellee as the state. The defendant originally pleaded guilty to charges of second degree burglary and larceny on April 27, 1960. Evidence of two prior convictions was introduced prior to sentence and Fountaine was sentenced as an habitual criminal to confinement in the state penitentiary for a term of thirty years. The defendant appealed pro se from this sentence. This court in State v. Fountaine, 188 Kan. 190, 360 P.2d 1119, upheld the sentence as being in compliance with applicable statutes. (See K.S.A. 21-107a and 21-109.) In October, 1964, the defendant filed a motion praying for the recall of our mandate and for reinstatement of his appeal, the ground of his motion being that he was not furnished counsel on appeal. The defendant's motion was sustained in light of Douglas v. California, 372 U.S. 353, 9 L.Ed.2d 811, 83 S.Ct. 814 and the appeal was reinstated. Appellate counsel was then appointed to assist Fountaine.