Schmidt v. State

McAnany, J.:

Tracy Schmidt appeals from the district court’s summary denial of his petition for habeas corpus pursuant to K.S.A. 2004 Supp. 60-1501. We affirm.

Schmidt was convicted of a 1986 theft in Cowley County and was placed on probation. In 1989, while on probation, he faced two additional charges. Following guilty pleas to both charges, Schmidt was given sentences that were consecutive to the 1986 sentence. He filed a K.S.A. 60-1507 action to set aside his plea because it was not knowingly and voluntarily made since he diought *50his 1989 sentences would be concurrent with his sentence for…