Toney v. State

Green, J.:

Michael M. Toney appeals from the trial court’s judgment summarily denying his K.S.A. 60-1507 motion. The issues on appeal are: (1) whether the trial court erred in denying Toney’s motion as untimely; (2) whether the trial court erred in denying Toney’s motion as successive; and (3) whether the trial court erred in failing to hold an evidentiary hearing and in failing to make findings of fact and conclusions of law on Toney’s ineffective assistance of counsel claim. Finding no reversible error, we affirm.

In November 2000, Toney was convicted at a jury trial of aggravated burglary,…