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SENTENCE
BUT SUPREME COURT RULES JUDGE MAY USE DISCRETION ON TERM
NO ABUSE DISCRETION
District Court's Only Error Was Belief That Sentences Must Be Loses Tax Suit
Topeka, May (AP) Ronald Finney, denied the right today by the court, withdraw plea of guilty charges him, but the tribundid order his in county court. Finney's was of in which the handed down opinions today. the the while in the trial court rulings were overturned.
In ordering Finney resentenced, supreme court ruled Judge Heinz of Shawnee county district court had not abused his discretion in denying Finney's motion withdraw guilty plea, which defendant contended had entered only under an agreement he would given minimum His sentence was to years.
Although affirming all rulings by Judge Heinz, the supreme court found he had been under misbelief in his opinion that he required to makes on counts, which Finney pleaded guilty, run sent the case back for the judge pronounce any sentence deemed required. Refused Withdrawal Finney had when Judge permit him to withdraw his guilty plea, which he contended he under he would be given term. Judge Heinz he was ruled by no agreement that was unable to make sentences on any counts run concurrently with others to provide motion to withdraw the plea proceeded to sentence Finney to 31 counts its majority opinion ruled within the discretion to deny the motion to withdraw plea the case manded the district court Shawnee county with instruction resentence the defendant providing that the term count shall run concurrently consecutively as in the judgment that tribunal the the and the ends of justice quire."
Dissents from Portion Justice W. Smith, wrote the majority also dissented that portion of remanding the for He termthis order "useless He said the defendant not be entitled to his release when he had served the sentence would be entitled appear fore the board and that the board does not see to recommend the parole, the held until the served." Justice Burch also dissented that portion the opinion while Justice W. Harvey another opinion in this portion the opinion but dissented other portions. Crawford county lost and municipalities of the county an action involving right the county recover from other taxing districts their proportionate share county funds in several years previously. The county sought charge back to the other units share suffered when the Pittsburg State bank closed Wins and Loses Richard Brown round round in habeas seeking his freedom. Brown was tried for statutory offense in Gove county, the jury returning sealed verdict. and several days later when court convened to hear the verdict juror said did agree mistrial was declared. The The sealed verdict was for acquitcounty prepared to retry and filed counts. sought his freedom. The court ruled he entitled to writ in the action involving retrial, but that he could be tried on additional counts. The court ruled in an action volving inheritance tax funds, which are tied in the failed Fidelity State and Emporia, that on hand should be various claimants and the when the state collected from bank.
