Hendrickson v. Commonwealth

MILLIKEN, Judge.

This is an appeal from a judgment overruling without a hearing appellant’s RCr 11.42 motion to vacate judgment. The appellant had been convicted for violation of KRS 435.100, having carnal knowledge of a child under sixteen — his step-daughter, and sentenced to ten years’ imprisonment.

He alleges that his plea of guilty was not freely and voluntarily made with the full understanding of its nature and that his attorney threatened him with a longer sentence if he did not plead guilty. He also mentions that it was his understanding that the sentence was to be probated. No bad…