Williams v. Commonwealth

WHITE, Judge.

This is an appeal from an order of the Fayette Circuit Court overruling appellant’s RCr 11.42 motion to vacate judgment.

Appellant was convicted pursuant to a jury trial of theft by unlawful taking, over $100.00, and for being a persistent felony offender in the first degree. On direct appeal to the Supreme Court of Kentucky, his convictions were affirmed. On November 4, 1981, appellant filed an RCr 11.42 motion to vacate judgment. In essence, appellant argued that he was denied the effective assistance of counsel during the persistent felony offender stage of his trial for the…