Helems v. Commonwealth

STEINFELD, Judge.

Appellant, Nathan A. Helems, pleaded guilty to the charge of armed assault with intent to rob (KRS 433.150) and waived trial by jury. The trial court asked Helems if he understood the consequences of his plea and if his counsel had fully explained and had advised him. Similar questions were propounded to Helems’ appointed counsel. All answers were in the affirmative. The plea was then accepted and Helems was adjudged guilty and was sentenced by the court to serve 10 years in the penitentiary.

About three years later he petitioned the court to vacate the judgment. RCr 11.42. He…