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451 S.W.2d 646

Angelo v. Commonwealth

Court of Appeals of Kentucky

Decided March 6, 1970

Court of Appeals of Kentucky · decided 1970-03-06

Cited by 2 later decisions — most recently March 1971

2 state decisions

Applies KY 431 § 431.130

Relies on United States v. Jackson · Commonwealth v. Campbell · Ruggles v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1970-03-06

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CLAY, Commissioner.

¶1This is an appeal from an order denying appellant relief in an RCr 11.42 proceeding.

¶2It is first contended that appellant’s plea of guilty was involuntary. The record of the proceedings established the contrary.

¶3It 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.

¶4It 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).

¶5The judgment is affirmed,

All concur.
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