Evans v. Commonwealth

CULLEN, Commissioner.

Donald Gene Evans is confined in the state penitentiary under a judgment entered on September 6, 1969, sentencing him to serve consecutively three two-year terms imposed upon him on convictions of three offenses of forgery. He sought relief from the judgment by a motion under RCr 11.42, in which his principal allegation was that he had been sentenced on December 27, 1968, to serve the three terms concurrently and that the trial court had no right or authority to resentence him nine months later to serve the terms consecutively. He also alleged the failure of the…