King v. Commonwealth of Kentucky

Upon his plea of guilty to a charge of obtaining money by false pretense (KRS 434.050) James King was sentenced to imprisonment for a term of 18 months. King made a motion to vacate that sentence (RCr 11.42) and the motion was overruled without an evidentiary hearing. He appeals. We would be justified in dismissing the appeal for Kings failure to file any brief in this court, but we are treating his motion to vacate, and the grounds asserted in it, as his brief in this tribunal. King asserted five grounds in his motion to vacate: (1) "Facts and evidence, does not charge a crime with felonious intent to defraude" (sic); (2) his retained counsel "* * * did not perform his duties, for which he was retained thus proving himself ineffective;" (3) "Through coercion, movant was badgered and enticed by his counsel, and the Commonwealth Attorney to enter guilty plea; (4) movant was never informed of the nature of the charge against him, "or the penalty thereto;" (5) "Movant states that he was returned from the State Penitentiary on February 17, 1965, taken directly before the Court to stand trial, without any time whatsoever to prepare his defense with counsel, other than the short period, when counsel and the commonwealth attorney, coerced, badgered and enticed movant to plead guilty, rather than stand trial."