Lowe v. State

The opinion of the court was delivered by

Holmes, J:

This case comes before the court on a petition for review of an unpublished decision of the Court of Appeals which affirmed the trial court’s denial of petitioner’s K.S.A. 60-1507 motion. (See Lowe v. State, No. 59,746, filed June 4, 1987.) Appellant, James Salvatore Lowe, was originally charged with one count of burglary (K.S.A. 21-3715) and one count of misdemeanor theft (K.S.A. 1986 Supp. 21-3701). He was convicted by a jury of the theft charge and that conviction was affirmed by this court in a direct appeal in State v. Lowe, 238 Kan.…