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RUEBKE v. STATE

No. 58,173

11 Kan. App. 2d 353 (1986)

720 P.2d 1141

ARNOLD L. RUEBKE, JR., Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Petition for review denied September 19, 1986.

Attorney(s) appearing for the Case

Richard J. Rome, of Hutchinson, for appellant.

Francis E. Meisenheimer, assistant county attorney, and Robert T. Stephan, attorney general, for appellee.

Before REES, J., PAUL W. CLARK, District Judge, assigned, and JAMES J. NOONE, District Judge Retired, assigned.

CLARK, J.:

Arnold L. Ruebke, Jr. appeals the denial of his K.S.A. 60-1507 motion to set aside a 1984 felony theft conviction that followed a plea of guilty. The reasons given to justify such a request are the trial judges' failure to advise him of his right to appeal (K.S.A. 1985 Supp. 38-1681[a][1][A]) and to petition for expungement (K.S.A. 1985 Supp. 21-4619[f]). Appellant maintains that under the facts of this case such failures to advise amounted to a denial...

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