Bruffett v. State

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a judgment denying relief in a proceeding under K. S. A. 60-1507.

The pertinent facts will be stated as we consider the various issues to which they apply.

The appellant was convicted of forgery in 1965, and was sentenced to at least 40 years under the provisions of the habitual criminal act (K. S. A. 21-107a).

On December 1, 1967, appellant filed a motion to vacate the judgment pursuant to K. S. A. 60-1507. Upon being denied relief as requested he appealed to this court.

The appellant first contends that the trial court…