Davis v. State

The opinion of the court was delivered by

Kaul, J.:

This is an appeal in a proceeding instituted pursuant to K. S. A. 60-1507, wherein the trial court, after an evidentiary hearing, denied relief on the grounds that, despite an adjudication invalidating the sentence attacked, petitioner would still be confined under another sentence. Issues raised by petitioner in his motion were not determined by the trial court.

At the time of the hearing before the trial court, petitioner was serving a sentence of not less than ten nor more than thirty years imposed by the district court of Labette County.…