Huff v. Commonwealth

OPINION OF THE COURT

Appellant was indicted September 19, 1986, on a charge of murder. At a pre-trial hearing, appellant attacked the constitutionality of KRS 532.055 and KRS 439.-3401, and filed proper motion to have these two statutes declared unconstitutional. After hearing, the motion was denied, whereupon appellant entered a plea of guilty to the charge. He advised the court that said plea was a conditional plea, entered pursuant to RCr 8.09, which reads:

With approval of the court and the consent of the Commonwealth, a defendant may enter a conditional plea of guilty, reserving in writing…