Hartsock v. Commonwealth

VANCE, Commissioner.

This is an appeal from an order denying, without an evidentiary hearing, appellant’s motion to vacate judgment pursuant to RCr 11.42.

Appellant entered a plea of guilty to the offense of rape of a female over twelve years of age. KRS 435.090. He was sentenced to confinement for ten years and the sentence was probated. Thereafter the probation was revoked and appellant was imprisoned. He then moved that the judgment be vacated upon the ground that his plea of guilty was not voluntary.

The transcript of the record contains the following entry relating to the plea of guilty:

“Thi…