Jones v. Commonwealth

PALMORE, Judge.

The appellant, David Jones, was convicted of a felony under KRS 435.105 and sentenced to five years in prison. He appeals from a denial of his subsequent RCr 11.42 motion to vacate the judgment.

The overruling order was entered on the basis of the record and without a hearing, and although it recites facts and circumstances that did not appear on the face of the record, which we do not think is authorized by the rule, nevertheless the record of the original proceeding is sufficient without the additional ex parte information to negate any right to relief on the grounds stated in…