Scott v. Werholtz

Green, J.:

Vincent Scott appeals from the trial court’s summary denial of his K.S.A. 60-1507 motion. First, Scott argues that the trial court should have appointed counsel and held a hearing to determine the factual validity of his assertion that his trial counsel was ineffective for allowing him to proceed to a bench trial on stipulated facts. Nevertheless, the record in this case shows that Scott was fully aware that he was waiving his right to a juiy trial and was agreeing to a bench trial on the stipulated facts. Scott’s attorney was not deficient in allowing Scott to proceed to a bench…