Hack v. Commonwealth

EDWARD P. HILL, Jr., Chief Justice.

The appeal is from a judgment overruling without a hearing appellant’s motion under RCr 11.42 to vacate a judgment of conviction of the McCracken Circuit Court sentencing him to serve five years in prison pursuant to his plea of guilty on a charge of storehouse breaking.

*763Appellant has two prior convictions for storehouse breaking and larceny that were affirmed in two like-styled cases: Hack v. Commonwealth, Ky., 418 S.W.2d 216 (1967), and Hack v. Commonwealth, Ky., 433 S.W. 2d 877 (1968).

As grounds to vacate the judgment, appellant asserts (1) the trial court…