Commonwealth v. Marcum

LEIBSON, Justice.

Winslow Marcum, a prisoner at the Kentucky State Reformatory in Oldham County, filed a Petition for Writ of Habeas Corpus in Oldham Circuit Court against Walt Cha-pleau,'Warden, claiming he is being illegally detained under a void judgment.

On February 1, 1988, the trial judge in Knox Circuit Court formally sentenced Mar-cum to two years on second-degree burglary, enhanced to five years based on his status as a first-degree persistent felony offender. A “Judgement and Sentence on Plea of Guilty” was signed that date by the trial judge attesting these facts, and this judgment…