Eggerson v. Commonwealth

HAYES, Chief Judge:

This is an appeal from an order of the Fayette Circuit Court overruling appellant’s RCr 11.42 motion to vacate judgment.

Appellant was convicted in the Fayette Circuit Court of second-degree burglary, and two (2) counts of receiving stolen property. In a bifurcated proceeding, he was subsequently convicted of being a persistent felony offender in the first degree, and his penalty on the primary convictions was enhanced to a total of fifteen (15) years. Appellant’s direct appeal from this conviction was affirmed by this court on October 28, 1981. In that direct appeal,…