Cunningham v. Commonwealth

PALMORE, Judge.

Alford Cunningham appeals from an order overruling his RCr 11.42 motion to vacate a judgment or judgments sentencing him to a total of 21 years in the penitentiary on four charges of storehouse breaking (KRS 433.190), one charge of automobile theft (KRS 433.220), one charge of armed assault with intent to rob (KRS 433.150), and one charge of malicious cutting and wounding (KRS 435.170).

While awaiting trial on the first six of these charges Cunningham was involved in an attempted jailbreak in which a deputy jailer of McCracken County was stabbed. This incident resulted in the…