Uwaniwich v. Commonwealth

PALMORE, Judge.

The appellant, Joe Uwaniwich, is serving a life sentence pursuant to an armed robbery conviction in the Pike Circuit Court. The judgment was entered in 1939. This is an RCr 11.42 proceeding in which he appeals from an ,order overruling his motion to vacate.

The grounds alleged in support of the motion are that Uwaniwich was denied the effective assistance of counsel and that the instructions were improper in failing to authorize a penalty of 21 years. The trial court overruled the motion on the basis of the record, without a hearing. Cf. Oakes v. Gentry, Ky., 380 S.W.2d 237…