Gaudina v. State

The opinion of the court was delivered by

Gernon, J.:

This is an appeal by Robert J. Gaudina from a trial court ruling that he was not entitled to an evidentiary hearing on his claim of ineffective assistance of counsel as alleged in his K.S.A. 60-1507 motion. We transferred the case pursuant to K.S.A. 20-3018(c).

Gaudina raises three issues: (1) the legality of his enhanced sentences; (2) whether he was entitled to an evidentiaiy hearing; and (3) whether the trial court violated Kansas Supreme Court Rule 183(j) (2003 Kan. Ct. R. Annot. 213), which requires a district court to make findings of…