Angelo v. Commonwealth

Court of Appeals of Kentucky
Angelo v. Commonwealth, 451 S.W.2d 646 (1970)
1970 Ky. LEXIS 410
Clay

Angelo v. Commonwealth

Opinion of the Court

CLAY, Commissioner.

This is an appeal from an order denying appellant relief in an RCr 11.42 proceeding.

It is first contended that appellant’s plea of guilty was involuntary. The record of the proceedings established the contrary.

It is next contended that KRS 431.130 and RCr 9.84 are unconstitutional because they violate the principles set forth in U. S. v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968). We considered this contention in Ruggles v. Commonwealth, Ky., 451 S.W.2d 634, and determined that the above case is not applicable because our sentencing procedures are completely different from the procedures condemned therein.

It is finally contended that appellant had ineffective counsel. This ground was not set forth in appellant’s motion and we cannot consider it here for the first time. Had this question been properly raised, it would have been unavailing under the rul Commonwealth v. Campbell, Ky., 415 S.W.2d 614 (1967).

The judgment is affirmed,

All concur.

Reference

Full Case Name
Umberto ANGELO v. COMMONWEALTH of Kentucky
Cited By
3 cases
Status
Published