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DUNLAP v. STATE

No. 48,012

221 Kan. 268 (1977)

559 P.2d 788

O'CHARLES E. DUNLAP, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1977.

Attorney(s) appearing for the Case

Paul L. Thomas, of Arvin, Arvin, Busey & Thomas, Chartered, of Wichita, argued the cause and was on the brief for the appellant.

Stephen Joseph, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Keith Sanborn, district attorney, and Robert L. Kennedy, Jr., assistant district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

O'Charles E. Dunlap appeals from an order denying post-conviction relief by the sentencing court in a proceeding filed under K.S.A. 60-1507. Dunlap was convicted by a jury of first degree robbery and he was sentenced in 1970. No appeal was taken.

A motion to vacate under K.S.A. 60-1507 was filed in 1972 on two grounds. First, Dunlap claimed the failure...

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