Barnes v. Commonwealth

WADDILL, Commissioner.

The question presented by this appeal is whether the Warren Circuit Court properly overruled, without a hearing, appellant’s motion to vacate the judgment sentencing him to the state penitentiary.

Appellant is serving a twenty-one-year sentence pursuant to his conviction of armed assault with intent to rob. KRS 433.150. No appeal was taken. Approximately one year later he filed a motion to vacate the judgment under RCr 11.42. He alleged that his incarceration was unlawful because:

“1. The authorities of Warren County failed to inform petitioner of his constitutional rights…