Brooks v. Commonwealth

DAVIS, Commissioner.

Oval Brooks, a prisoner confined in the penitentiary on a life sentence for armed robbery, filed a motion pursuant to RCr 11.42 to vacate the judgment of conviction. The motion was denied without an eviden-tiary hearing, and this appeal followed. The appellant presented two grounds in his motion to vacate and urges them here: (1) It was illegal for him to be indicted for armed robbery subsequent to the setting aside of a previous conviction for assault with intent to rob, and (2) his plea of guilty was coerced by his court-appointed lawyer, who declined to adequately…