648 SW2D 860 - Keltee v. Commonwealth

How this case has been cited

Cited by 3 later decisions — most recently September 2000

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION OF THE COURT

¶2The instant case is an appeal from the order of the trial court overruling an RCr 11.42 motion to set aside a previous conviction used as a basis of a subsequent conviction as a persistent felony offender in the first degree.

¶3The Court of Appeals dismissed the appeal without reaching the merits on the basis of Wilson v. Commonwealth, Ky., 403 S.W.2d 710 (1966), because Keltee had completed his sentence long before the RCr 11.42 motion was filed.

¶4On motion for discretionary review, mov-ant asks that this court treat the RCr 11.42 motion as a CR 60.02 motion in the interest of judicial economy. We have elected to do so because the critical issues in this case, were it a 60.02 motion, are the same as those which have been considered and decided in Gross v. Commonwealth, Ky., 648 S.W.2d 853 (1983), decided this day.

¶5For the reasons stated in Gross, the order of the trial court and the decision of the Court of Appeals are affirmed.

STEPHENS, C.J., AKER, GANT, LEIB-SON and STEPHENSON, JJ., and TIPTON and WARREN, Special Justices, concur.