Smith v. State

The opinion of the court was delivered by

Schroeder, J.:

By this action the petitioner, who is in custody of the Warden of the Kansas State Penitentiary serving sentences for the commission of crime, seeks to attack the validity of a judgment and sentence by proceeding under K. S. A. 60-260(b), since K. S. A. 60-1507 is inadequate and ineffective.

The trial court denied the petitioner’s motion on the ground that 60-1507, supra, was the petitioner’s exclusive remedy, and K. S. A. 60-260 does not apply. The petitioner’s motion asking that he be brought before the sentencing court for an…