Vaughn v. Commonwealth

OPINION

ACREE, Judge.

Robert Vaughn appeals from an order of the Jefferson Circuit Court denying his request for post-conviction relief pursuant to Ky. R.Crim. P. (RCr) 11.42. He alleges defense counsel was ineffective for advising him to plead guilty to murder fifty-two days after he killed his estranged wife, rather than pursuing a defense of extreme emotional disturbance at trial. Further, he claims the trial court lacked the authority to impose the agreed-upon sentence of life without the possibility of parole in the absence of a jury determination of the existence of statutory aggravators…