Kennedy v. Commonwealth

OPINION

COMBS, Judge.

The appellant, Fred Kennedy, appeals from the judgment of the Jefferson Circuit Court sentencing him to a total of nine years’ imprisonment. The appellánt argues that the court erroneously refused to allow him to withdraw his guilty plea. He contends that the court should have afforded him the opportunity to withdraw his guilty plea when it deviated from the Commonwealth’s sentencing recommendation. We agree and reverse and remand.

On June 20, 1995, the Jefferson County Grand Jury indicted the appellant for nine counts of theft of labor over $300 and one count of theft of…