Lewallen v. Commonwealth

HOWERTON, Judge.

Lewallen appeals from the order denying his motion to vacate the judgment of the Campbell Circuit Court. Lewallen plead guilty to four counts of distributing obscene material and received a fine of $250.00 on each count. The final judgment was entered on June 28, 1978, but Lewallen did not move to vacate the judgment until July 27, 1978. After a hearing on Lewallen’s motion, the court found no manifest injustice in Lewallen’s plea proceeding.

Initially, we must decide whether this appeal is proper or timely. According to Lewallen’s motion, he sought to vacate the final judgment…