Willoughby v. Commonwealth

DAVIS, Commissioner.

Willard Willoughby, presently a prisoner at Eddyville, appeals from the circuit court’s order denying his RCr 11.42 motion to vacate the sentence which he is now serving as a prisoner. The offense for which he was convicted is rape; the punishment imposed following his plea of guilty was imprisonment for 15 years, pursuant to KRS 435.090. No evidentiary hearing was afforded on the RCr 11.42 motion.

The purported grounds for relief advanced by appellant may be summarized as follows: (1) that the 15 year sentence is contrary to the punishment permitted by the applicable…