Byrd v. State

The opinion of the court was delivered by

Fontron, J.:

On March 22, 1963, the petitioner, Sam Byrd, Jr., entered a plea of guilty to second-degree burglary and was sentenced to the Kansas State Penitentiary for not less than five nor more than ten years. Throughout those proceedings the petitioner was represented by court-appointed counsel, concerning whose competency no question is raised.

Thereafter, the petitioner filed a motion, pursuant to K. S. A. 60-1507, in which he attacked the sentence on the ground that he was not provided legal counsel at the preliminary examination. This motion was…