Clinkingbeard v. State

Rees, J.:

Petitioner was convicted of second-degree murder (K.S.A. 21-3402) upon entry of a guilty plea and sentenced to a term of not less than ten years nor more than life. He subsequently filed a pro se motion under K.S.A. 60-1507 attacking his sentence. Counsel was appointed. Request for return of the petitioner to appear and testify in the trial court was denied. Hearings were held. The motion was denied. Petitioner appeals.

The only issue on appeal is whether petitioner’s guilty plea was knowing and voluntary.

A guilty plea entails a waiver of fundamental rights. A trial court may not…