Scott v. Commonwealth

HOGGE, Judge.

This is an appeal from an order of the Cumberland Circuit Court denying, without an evidentiary hearing, an RCr 11.42 motion to vacate a judgment of conviction for rape.

On March 20,1975 appellant was arrested on a charge of first degree rape; on March 25, 1975 he was indicted and on April 1, 1975 the trial court accepted his plea of guilty to the charge, and sentenced him to twenty years confinement. On March 26, 1976 appellant filed his RCr 11.42 motion to set aside that judgment of conviction, and the court on July 23,1976 entered an order denying the motion which is here on…