Ellis v. Commonwealth

WINTERSHEIMER, Justice.

This is a direct appeal pursuant to RCr 8.09. Ellis pleaded guilty to kidnapping, first-degree robbery, first-degree burglary, two counts of first-degree rape and five counts of first-degree sodomy. He was sentenced to concurrent twenty year terms of imprisonment on each count. The sentence was also run concurrently with a forty year Indiana sentence.

Ellis conditioned his guilty plea, pursuant to RCr 8.09, on the issue of whether the indictment should have been dismissed with prejudice because of alleged violations of K.R.S. 440.450, Kentucky’s codification of the…