Rhone v. State, 46788
| Decision Date | 20 January 1973 |
| Docket Number | No. 46788,46788 |
| Citation | 211 Kan. 206,505 P.2d 673 |
| Parties | Isaiah Carter RHONE, Jr., Appellant, v. STATE of Kansas, Appellee. |
| Court | Kansas Supreme Court |
This is a proceeding instituted pursuant to K.S.A. 60-1507. The District Court of Sedgwick County, Kansas, denied a motion to vacate the sentences imposed against the appellant. Appeal has been duly perfected.
The pertinent facts are briefly summarized.
On December 23, 1969, appellant was arrested and charged in Sedgwick County with two counts of first degree robbery, two counts of felonious possession of a pistol, and one count of third degree burglary and larceny. Shortly after his arrest he retained Richard Hilton as his attorney. On February 22, 1970, appellant escaped from the Sedgwick County jail and was apprehended on February 26th. He was charged with escape and resisting arrest. Following a preliminary hearing on the charges he was bound over to the district court for trial. Prior to appellant's arraignment, he was served with notice of intention to invoke the habitual criminal statute, K.S.A. 21-107a.
On April 2, 1970, with his retained counsel present, appellant was arraigned in the Fourth Division of the Sedgwick County Court in Case No. CR6383, on charges of first degree robbery and felonious possession of a pistol, and in Case No. CR6404 on charges of first degree burglary, larceny and felonious possession of a pistol. In each case the court inquired whether appellant was fully aware of the charges lodged against him, and he replied, 'Yes.' The court proceeded in detail to inform appellant of the exact nature of each charges, and then inquired of him whether: (1) He had discussed the charges with his attorney; (2) He was deciding to plead guilty because he was guilty; (3) He was pleading guilty of his own volition and not because of any threats or promises.
Appellant answered each inquiry in the affirmative and entered a plea of guilty to each charge. He then reiterated that he was pleading guilty because he was guilty. At allocution appellant stated that there was no reason why sentence should not be pronounced. The state introduced evidence of appellant's prior convictions for the purpose of enhancing the sentences on the robbery convictions. The court then sentenced appellant to serve from 20 to 42 years on each robbery count, and from 1 to 5 years for possession of a pistol, and from 1 to 5 years on the burglary count, each to run concurrently.
On April 4, 1970, appellant was arraigned in Division Two of the District Court of Sedgwick County in Case No. CR6536 for escaping jail and resisting arrest. He was present with his attorney. He again waived trial by jury and entered his plea of guilty to the crimes charged. The court inquired of him whether: (1) He was pleading guilty because he was guilty; (2) He did in fact escape and resist arrest; (3) He was pleading guilty of his own volition. Appellant answered each inquiry in the affirmative. At allocution he stated that there was no legal reason why sentence should not be pronounced. The court sentenced appellant to serve from 1 to 5 years in the state penitentiary on each count, and upon the state's request, each was ordered to run concurrently with the other sentences previously imposed as above related. Appellant was confined to the Kansas State Penitentiary on May 1, 1970.
On June 26, 1971, fourteen months after he entered his pleas of guilty and was sentenced, appellant wrote a letter to the sentencing court which was filed in Case No. 6536, in which he stasted that he had been informed prior to the arraignment of the state's intention to request the imposition of the habitual criminal act; that his attorney explained the effect which the enhancement would have upon his sentence in the event he was convicted, and after several discussions with his attorney about the possible alternative sentences, he elected to plead guilty and accept the sentence of from 20 to 42 years.
Thereafter, on September 10, 1971, appellant filed his motion pursuant to KS.A. 60-1507 requesting that his guilty pleas in Cases CR6536 and CR6404 be withdrawn so that he might enter pleas of not guilty and go to trial on the charges. He does not question the pleas of...
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...issues of fact are presented by the motion, the district court is not required to conduct an evidentiary hearing. Rhone v. State, 211 Kan. 206, 208, 505 P.2d 673 (1973). The district court held a preliminary hearing on Moncla's motion, at which Moncla's counsel appeared and argued on Moncla......
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Wright v. State
...P.2d 455 (1977). An evidentiary hearing is not required if no substantial issue of fact is presented by the motion. Rhone v. State, 211 Kan. 206, 208, 505 P.2d 673 (1973); Redd v. State, 199 Kan. 431, 433, 429 P.2d 925 Where a K.S.A. 60-1507 motion alleges facts which do not appear in the o......
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...P.2d 455 (1977). An evidentiary hearing is not required if no substantial issue of fact is presented by the motion. Rhone v. State, 211 Kan. 206, 208, 505 P.2d 673 (1973); Redd v. State, 199 Kan. 431, 433, 429 P.2d 925 (1967)." Wright v. State, 5 Kan. App. 2d 494, 495, 619 P.2d 155 Many of ......
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Gilkey v. State, 88,234
...P.2d 455 (1977). An evidentiary hearing is not required if no substantial issue of fact is presented by the motion. Rhone v. State, 211 Kan. 206, 208, 505 P.2d 673 (1973); Redd v. State, 199 Kan. 431, 433, 429 P.2d 925 (1967)." Wright v. State, 5 Kan. App. 2d 494, 495, 619 P.2d 155 In State......
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Habeas Corpus in Kansas the Great Writ Affords Postconviction Relief at K.s.a. 60.1507
...of facts that establish a claim). [FN18]. 1997 Kan. Ct. R. Annot. 190. [FN19]. 1997 Kan. Ct. R. Annot. 190. [FN20]. Rhone v. State, 211 Kan. 206, 208, 505 P.2d 673 (1973) (no appointment of counsel required where record shows guilty pleas were knowingly and voluntarily entered). [FN21]. Rod......