Earwood v. State

The opinion of the court was delivered by Robert Earwood filed a motion to vacate sentence under K.S.A. 60-1507. The trial court considered this motion together with the handwritten ""supporting brief"" furnished by Earwood. The motion was denied without a plenary hearing and counsel was not appointed to present or argue the matter before the trial court. This appeal is brought from a judgment denying the motion. Counsel has been appointed for the appellant in this court. The appellant contends the court below erred (1) in holding he had not been placed in double jeopardy for the offense, and (2) in refusing to appoint counsel for him in the court below and in failing to hold a plenary hearing on his motion to vacate.