Payton v. Commonwealth

WILHOIT, Judge.

This is an appeal from an order of the Carroll Circuit Court denying the appellant’s RCr 11.42 motion to vacate his three- and-one-half-year sentence for knowingly receiving stolen property. The appellant contends that because the sentence was imposed after an unreasonable delay, he is entitled to have it vacated under the authority of Wilson v. Commonwealth, Ky.App., 577 S.W.2d 618 (1979), and RCr 11.02.

On July 30, 1974, upon his plea of guilty, the appellant was found guilty of knowingly receiving stolen property. He then moved the trial court to postpone “the amount of…