Court of Appeals of Kentucky, 1965

Bentley v. Commonwealth

Bentley v. Commonwealth
Court of Appeals of Kentucky · Decided June 25, 1965 · Milliken
392 S.W.2d 67; 1965 Ky. LEXIS 268 (South Western Reporter, Second Series)

Bentley v. Commonwealth

Opinion of the Court

MILLIKEN, Judge.

Appellant filed a post conviction motion under RCr 11.42 contending that his con*68viction for obtaining money under false pretenses and issuing cold checks should be vacated on three grounds: (1) That the court was without jurisdiction, (2) that he did not have effective counsel, and (3) that he was forced to plead guilty.

The record shows that the trial court definitely had jurisdiction and that adequate counsel was appointed for him. The trial court did not grant a hearing on the post conviction motion because it found that there was no material issue of fact that could not be determined from the face of the record.

The judgment is affirmed.

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