Jones v. Commonwealth

CULLEN, Commissioner.

The circuit court dismissed, without a hearing, the motion of Robert Jones, Jr., under RCr 11.42 to vacate a 1962 judgment which, upon his plea of guilty to a charge of robbery, had sentenced him to an eight-year term in the penitentiary. Jones has appealed from the order of dismissal.

One of the allegations of the motion was that counsel appointed for Jones refused to defend him unless he pleaded guilty, counsel pointing out that he had been appointed by the court and was not getting paid for his services. This was coupled with an allegation that Jones had pleaded guilty…