Payne v. Commonwealth

Opinion

BENTON, J.

Kevin Marshall Payne was convicted of statutory rape of a 12 year old child and sentenced by jury to fifteen years in the penitentiary. Payne contends that his conviction should be overturned because he was denied his right to effective assistance of counsel as guaranteed under the sixth and fourteenth amendments. We conclude that the record is insufficient for this matter to be raised on direct appeal. 1 Accordingly, we dismiss this appeal without prejudice.

Payne employed both the victim and the victim’s mother as laborers in a lawn care business that Payne and his wife…