Sparks v. Commonwealth

HOWERTON, Judge.

Roy Kenneth Sparks appeals from a judgment of the Carter Circuit Court which denied his motion to vacate sentence pursuant to RCr 11.42. We affirm.

Sparks was originally arrested and indicted for murder and first-degree robbery. The appellant initially rejected a plea bargain offer from the Commonwealth, and his case went to trial in March 1984. Three days into the trial, however, Sparks, on the advice of counsel, agreed to plead guilty to murder. In return, the Commonwealth agreed to drop the robbery charge and to recommend a sentence of 35 years in prison. This plea was…