Penn v. Commonwealth

PALMORE, Judge.

In Penn v. Commonwealth, Ky., 417 S.W. 2d 258 (1967), we affirmed a judgment of the McCracken Circuit Court sentencing appellant to a total of seven years in the penitentiary pursuant to a jury verdict finding him guilty of unlawfully breaking into an office (KRS 433.190) and attempting to open a safe (KRS 433.130). He now appeals from a subsequent order denying relief under RCr 11.42. The theory on which he claims entitlement to such relief is that he was denied the effective assistance of counsel.

Penn being financially unable to employ counsel, the trial court appointed an…