Fyffe v. Commonwealth

DAVIS, Commissioner.

The appellant made motion to vacate the sentence upon which he is now incarcerated at Eddyville. RCr 11.42. The motion was denied without an evidentiary hearing, and appellant prosecutes this appeal seeking a reversal of the order denying the relief sought.

In his motion to vacate the appellant asserted that he had been denied effective assistance of counsel because his court-appointed attorney had been so appointed only an hour and a half before the trial. However, the record before us reflects that the trial court had appointed counsel for appellant some eight days prior…