Ewing v. Commonwealth

VANCE, Justice.

The appellant was convicted of a felony in 1982. His counsel was permitted to withdraw from the case and no notice of appeal was ever filed. On November 25, 1985, he filed an RCr 11.42 motion to vacate the judgment and for the entry of a new judgment from which an appeal can be taken. He alleged in the motion that he was denied an appeal due to the failure of counsel to prosecute an appeal. The motion was denied on the authority of Commonwealth v. Wine, Ky., 694 S.W.2d 689 (1985). He appealed to the Court of Appeals, and we granted transfer.

*476The proper procedure to obtain a…