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ROTH v. STATE

No. 47,846

218 Kan. 413 (1975)

543 P.2d 939

KENNETH A. ROTH, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 13, 1975.

Attorney(s) appearing for the Case

John J. Ambrosio, of Topeka, argued the cause, and Craig M. Cornish, legal intern, was with him on the brief for the petitioner.

Gene M. Olander, district attorney, argued the cause and Curt T. Schneider, attorney general, was with him on the brief for the respondent.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from a judgment of the district court of Shawnee County refusing to grant relief on a motion filed pursuant to K.S.A. 60-1507, wherein the petitioner, Kenneth A. Roth, seeks to vacate his sentence on convictions of murder in the first degree and robbery.

A direct appeal was taken by the petitioner from the foregoing convictions which is reported in State v. Roth,

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