Brown v. State

The opinion of the court was delivered by

O’Connor, J.:

This K. S. A. 60-1507 proceeding was previously before this court (Brown v. State, 196 Kan. 236, 409 P. 2d 772) on the question of whether or not a petitioner’s presence is required at the hearing on a motion attacking his sentence where there is a substantial issue of fact about events in which he participated.

Inasmuch as the essential facts are adequately recited in Brown v. State, supra, they will not be repeated. Petitioner’s main contention at that time was that sentence was imposed without his having been given notice prior thereto…