Triplett v. Commonwealth

OSBORNE, Judge.

This is an appeal from an order of the Jefferson Circuit Court denying relief upon appellant’s motion to vacate the judgment under RCr 11.42. Appellant when acting pro se filed an affidavit setting forth evidentiary matter which had not been offered for the consideration of the trial court. The Commonwealth as a matter of precaution filed controverting evi-dentiary material. We cannot consider any of this material. This is not a court of original jurisdiction. New material not considered by the trial court is not admissible and should not be considered by us. At the time the…