Preston v. State

The opinion of the court was delivered by

Fromme, J.:

Sherman L. Preston was convicted by a jury and sentenced as an habitual criminal for second degree burglary and larceny. The same appointed counsel represented him at a preliminary hearing and during the trial. No appeal proceedings were initiated.

On March 27, 1969, the defendant Preston pro se initiated post-conviction proceedings under K. S. A. 60-1507. The trial court, after examining the files and proceedings in the original case, summarily denied his motion to vacate the sentence. The court found the questions raised in the…