Wagner v. Commonwealth

OPINION

ACREE, CHIEF JUDGE:

Lester Joe Bradley Wagner appeals from the March 5, 2013 order of the Bell Circuit Court. That order denied Wagner’s motion for Kentucky Rules of Criminal Procedure (RCr) 11.42 relief due- to alleged ineffective assistance of trial counsel. In its order denying, the trial court concluded that Wagner’s hybrid representation at trial barred him from asserting a post-trial claim of'ineffective assistance of counsel. Because we hold that this legal conclusion is incorrect as a matter of law, we reverse and remand.

On August 13, 2008, Wagner was indicted for alcohol…