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210 Kan. 528

Cantrell v. State

Supreme Court of Kansas

Decided November 4, 1972

Supreme Court of Kansas · decided 1972-11-04

Cited by 3 later decisions — most recently July 1974

3 state decisions

Relies on State v. Cantrell · Smith v. State · Lee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-11-04

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Per Curiam:

¶1This is an appeal from the overruling of a motion to vacate sentence filed pursuant to K. S. A. 60-1507.

¶2The appellant was tried and convicted in 1966 of burglary and larceny in connection with the burglary. He was sentenced under the Habitual Criminal Act. His conviction was upheld on direct appeal in State v. Cantrell, 201 Kan. 182, 440 P. 2d 580, cert. den. 39, U. S. 944, 21 L. Ed. 2d 282, 89 S. Ct. 315. Subsequently, and in November, 1968, a motion was filed to vacate the sentence. That motion was overruled and on appeal the trial court’s judgment was affirmed. (Cantrell v. State, 206 Kan. 323, 478 P. 2d 192.)

¶3The appellant made an additional collateral attack against his sentence in Cantrell v. Crouse, Case No. L-944, United States District Court, District of Kansas, when he sought a writ of habeas corpus. That writ was denied in January, 1970.

¶4This is appellant’s second motion to vacate his sentence. It was commenced pro se in May, 1971. On November 9, 1971, the district court overruled the motion in a well-written memorandum.

¶5Two contentions are raised on appeal. Both relate to alleged trial errors.

¶6K. S. A. 60-1507 (c) provides that the sentencing court is not required to entertain a second or successive motion for relief by the same prisoner. This court has also held that when a petitioner in answer to question No. 10 of the form prescribed by Rule No. 121 (205 Kan. xlv) sets out a ground or grounds for relief he is presumed to have listed all grounds of relief on which he is relying, (Smith v. State, 195 Kan. 745, 408 P. 2d 647), and a second motion *529alleging additional grounds may properly be denied. (Fairbanks v. State, 199 Kan. 501, 430 P. 2d 293; Hanes v. State, 196 Kan. 409, 411 P. 2d 646; Smith v. State, supra; Thomas v. State, 199 Kan. 459, 430 P. 2d 268; Cox v. State, 200 Kan. 198, 434 P. 2d 843; Lee v. State, 207 Kan. 185, 483 P. 2d 482.

¶7The judgment is affirmed.

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