Bowling v. Commonwealth

CLAY, Commissioner.

This is an appeal from an order denying appellant, without a hearing, relief in an RCr 11.42 proceeding. Appellant on a plea of guilty to a charge of grand larceny was sentenced by the court to one year in the penitentiary (the minimum penalty). At the time of sentencing he was present and represented by counsel. Subsequently, on his motion, he was placed on probation.

Approximately six months later he was arrested on two charges of storehouse breaking. After a hearing without counsel his probation was revoked. Subsequently he was indicted and pleaded guilty to the…