Butler v. Commonwealth

Leroy Butler was indicted for the crime of armed robbery denounced by KRS 433.140. His court-appointed attorney bargained for a plea and, on recommendation of the Commonwealth Attorney, the charge was amended to robbery. Butler pleaded guilty and on January 31, 1969, was sentenced to serve 10 years in the penitentiary, the minimum sentence permitted for armed robbery. 1 A few months later Butler sought post-conviction relief under RCr 11.42, which was denied without a hearing. On September 1, 1970, a second application was made under that rule. He charged that the guilty plea was gained by…