McMurray v. Commonwealth

DUNN, Judge.

McMurray appeals from the Fayette Circuit Court’s denial of his RCr 11.42 motion to vacate its judgment entered November 16, 1983, setting aside its judgment previously entered October 4, 1983, obviously 10 days after the first judgment. The earlier judgment fixed his punishment at a recommended 1 year imprisonment on his guilty plea to 3rd degree burglary, but withheld imposition of the punishment and sentenced him to a recommended 5 years’ probation, one of the conditions of which was that he spend 6 months in jail. The later judgment of November 16 set aside the earlier…