Adams v. Commonwealth

HOWERTON, Judge:

This is an appeal from an Order of the Fayette Circuit Court overruling Appellant’s 11.42 motion for a belated appeal. The essential facts are as follows:

David Paul Adams was found guilty of second-degree assault by a jury in the Fa-yette Circuit Court, and a penalty of five years imprisonment was fixed. The trial court conducted a sentencing hearing on December 1, 1975. At the hearing, the court complied with RCr 11.02, and informed the Appellant that he had a right to appeal with the assistance of counsel; that if he were financially unable to afford an appeal, a record…