Hicks v. Commonwealth

DAVIS, Commissioner.

This is an appeal from the trial court’s order denying appellant’s motion to vacate the judgment of the same court by which he had been sentenced to imprisonment for life upon his plea of guilty to violation of KRS 433.140 {armed robbery).

The basis for the motion, filed pursuant to RCr 11.42, and the sole basis urged on this appeal is the claim that the convicting judgment is void because appellant was found guilty and sentenced (upon his plea of guilty) by the trial judge, without the intervention of a jury. Since KRS 433.140 permits a sentence of death, it is reasoned…