Graham v. State

The opinion of the court was delivered by

Lockett, J.:

Defendant filed a second K.S.A. 60-1507 petition, claiming (1) die trial court violated his constitutional rights in admitting a prior uncounseled Arkansas plea conviction at trial and when computing his sentence and (2) he was denied effective assistance of counsel at trial and during his first K.S.A. 60-1507 hearing. Defendant requested that he be granted a new trial or his sentence be recalculated witiiout including the prior Arkansas conviction. The district judge granted the defendant a new trial. The State appeals.

1. The Underlying…