Ruebke v. State

Clark, J.;

Arnold L. Ruebke, Jr. appeals the denial of his K.S.A. 60-1507 motion to set aside a 1984 felony theft conviction that followed a plea of guilty. The reasons given to justify such a request are the trial judges’ failure to advise him of his rights to appeal (K.S.A. 1985 Supp. 38-1681[a][l][A]) and to petition for expungement (K.S.A. 1985 Supp. 21-4619[f]). Appellant maintains that under the facts of this case such failures to advise amounted to a denial of due process of law.

A full evidentiary hearing was held below. We are asked to reverse the trial court’s denial of the relief…