FLOYD v. STATE

No. 46,340

208 Kan. 874 (1972)

495 P.2d 92

RICHARD L. FLOYD, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1972.


Attorney(s) appearing for the Case

William D. Coombs, of Wichita, argued the cause and was on the brief for the appellant.

Keith Sanborn, county attorney, argued the cause, and Vern Miller, attorney general, and Gary H. Jarchow, deputy county attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

FOTH, C.:

Appellant complains because he was not afforded a hearing on his motion to vacate his conviction, filed under K.S.A. 60-1507. When his motion was denied without such hearing (and without counsel being appointed for him) he filed a "Motion to Rehear De Novo," insisting on his right to an evidentiary hearing on the original motion. When this motion was similarly denied, he perfected this appeal.

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