Peterson v. State

The opinion of the court was delivered by

O’Connor, J.:

This is an appeal from an order denying the appellant’s motion to vacate a judgment and sentence imposed by the district court of Sedgwick county. For convenience, appellant will be referred to as petitioner or Peterson.

Peterson, while represented by retained counsel, was convicted by a jury of the offenses of burglary in the first degree (K. S. A. 21-513) and forcible rape (K. S. A. 21-424). Having been previously convicted of a felony, he was sentenced on December 27, 1963, under the habitual criminal act (K. S. A. 21-107a) to…