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Angelo v. Commonwealth

Court of Appeals of Kentucky
Mar 6, 1970
451 S.W.2d 646 (Ky. Ct. App. 1970)

Opinion

March 6, 1970.

Appeal from the Circuit Court of Campbell County, Paul Stapleton, J.

Umberto Angelo, in pro. per.

John B. Breckinridge, Atty. Gen., Frankfort, Robert W. Willmott, Jr., Asst. Atty. Gen., Frankfort, for appellee.


This is an appeal from an order denying appellant relief in an RCr 11.42 proceeding.

It is first contended that appellant's plea of guilty was involuntary. The record of the proceedings established the contrary.

It is next contended that KRS 431.130 and RCr 9.84 are unconstitutional because they violate the principles set forth in U.S. v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968). We considered this contention in Ruggles v. Commonwealth, Ky., 451 S.W.2d 634, and determined that the above case is not applicable because our sentencing procedures are completely different from the procedures condemned therein.

It is finally contended that appellant had ineffective counsel. This ground was not set forth in appellant's motion and we cannot consider it here for the first time. Had this question been properly raised, it would have been unavailing under the ruling of Commonwealth v. Campbell, Ky., 415 S.W.2d 614 (1967).

The judgment is affirmed.

All concur.


Summaries of

Angelo v. Commonwealth

Court of Appeals of Kentucky
Mar 6, 1970
451 S.W.2d 646 (Ky. Ct. App. 1970)
Case details for

Angelo v. Commonwealth

Case Details

Full title:Umberto ANGELO, Appellant, v. COMMONWEALTH of Kentucky, Appellee

Court:Court of Appeals of Kentucky

Date published: Mar 6, 1970

Citations

451 S.W.2d 646 (Ky. Ct. App. 1970)

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