Kelly v. State

The opinion of the court was delivered by

Kaul, J.:

Appellant-petitioner, Robert Lee Kelly, being confined in the state penitentiary under a sentence of twenty years, filed a motion to vacate judgment and sentence pursuant to the provisions of K. S. A. 60-1507. The trial court entered judgment denying relief and subsequently denied a motion for a rehearing. Thereafter petitioner perfected this appeal. Five points are relied upon by petitioner. A narration of factual background is necessary for proper consideration of petitioner’s contentions.

The petitioner and two codefendants, Gary Edward…