Kowalec v. State

Supreme Court of Kansas

Kowalec v. State

522 P.2d 173, 214 Kan. 779

CourtSupreme Court of Kansas

DecidedMay 11, 1974

Docket47,278

StatusPublished

Cited by1 cases

This text of 522 P.2d 173 (Kowalec v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kowalec v. State, 522 P.2d 173, 214 Kan. 779 (kan 1974).

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Opinion

Per Curiam:

This is an appeal from an order denying post conviction relief under K. S. A. 60-1507, wherein the appellant attacks the constitutionality of the habitual criminal statute applicable at the time of his conviction in 1968, K. S. A. 21-107a.

The appellant claims the habitual criminal statute’s application resulted in cruel and unusual punishment; a denial of due process of law; a denial of equal protection of the law; that the statute is an unconstitutional delegation to the prosecutor of judicial power, and that its application is a violation of the separation of powers doctrine.

We have oarefully considered the numerous authorities cited by the appellant and the orderly and the well-reasoned arguments of his counsel, but find no merit in his contentions. The constitutionality of this statute and the principle of increased penalties for repeater defendants has been before this court many times. We see no reason to cite precedents, or to elaborate upon the questions raised.

The judgment of the court below is affirmed.

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Per Curiam:

This is an appeal from an order denying post conviction relief under K. S. A. 60-1507, wherein the appellant attacks the constitutionality of the habitual criminal statute applicable at the time of his conviction in 1968, K. S. A. 21-107a.

The appellant claims the habitual criminal statute’s application resulted in cruel and unusual punishment; a denial of due process of law; a denial of equal protection of the law; that the statute is an unconstitutional delegation to the prosecutor of judicial power, and that its application is a violation of the separation of powers doctrine.

We have oarefully considered the numerous authorities cited by the appellant and the orderly and the well-reasoned arguments of his counsel, but find no merit in his contentions. The constitutionality of this statute and the principle of increased penalties for repeater defendants has been before this court many times. We see no reason to cite precedents, or to elaborate upon the questions raised.

The judgment of the court below is affirmed.

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Bluebook (online)

522 P.2d 173, 214 Kan. 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kowalec-v-state-kan-1974.

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