Merritt v. Commonwealth

MILLIKEN, Judge.

This is an appeal in an RCr 11.42 proceeding seeking to correct a judgment of conviction which correction was denied.

The petitioner, Timothy Keith Merritt, was convicted in 1964 in the Jefferson Circuit Court of armed robbery and sentenced to life imprisonment but the conviction was set aside because of prejudicial remarks before the jury by the trial judge. Merritt v. Commonwealth, Ky., 386 S.W.2d 727 (1965). On retrial in 1965, Merritt withdrew his plea of not guilty and interposed a plea of guilty to the lesser offense of robbery and was sentenced to five years in the…