Floyd v. State

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.

His pro se 60-1507 motion was filed on September 12, 1969, in the court which had earlier that year accepted his plea of guilty to two counts of felony…