Pierce v. Commonwealth

EMBERTON, Judge:

This is an appeal from a denial of a Kentucky Rules of Criminal Procedure (RCr) 11.42 motion. On July 16, 1990, Pierce was indicted by a Jefferson County grand jury for robbery and PFO charges. Pierce initially pled not guilty; however, he later moved the court to accept his guilty plea. On March 25, 1991, his guilty plea was accepted and Pierce was sentenced to 20 years in the penitentiary, and by agreement, he was ineligible for parole.

Almost two years later, Pierce filed a RCr 11.42 motion. The thrust of his motion was that the grand jury that indicted him was improperly…