Prater v. Commonwealth

DAVIS, Commissioner.

The appellant sought postconviction relief as provided by RCr 11.42, asserting, among other things, that he had inadequate assistance of counsel upon his trial which resulted in the sentence he is now serving and that his court-appointed counsel refused to process an appeal from the judgment of conviction, although the appellant asserts that he requested his attorney to do so. The conviction occurred on September 19, 1955. The sentence was imprisonment for twenty-one years for alleged violation of KRS 433.150, assault with intent to rob.

The trial court denied the motion to…