Duncan v. Commonwealth

COOPER, Judge.

This is an appeal from an order of the trial court overruling the appellant’s motion, under KRS 532.120(3), (4), to require it to credit the appellant with all time spent in custody prior to the entry of a final judgment. Proeedurally, we believe that this appeal falls within the provisions of CR 60.02 rather than RCr 11.42. As such, we affirm the trial court in that the appellant failed to file his motion with that court within one (1) year after the final judgment was entered.

The appellant, David Wayne Duncan, was indicted in February of 1975, on two counts of burglary in the…