LEWALLEN v. COM.


584 S.W.2d 748 (1979)

James LEWALLEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified July 20, 1979.


Attorney(s) appearing for the Case

W. Robert Lotz, Jr., Cobb & Oldfield, Covington, for appellant.

Robert Stephens, Atty. Gen., Nancy S. Marksberry, Asst. Atty. Gen., Frankfort, for appellee.

Before COOPER, HOWERTON and REYNOLDS, JJ.


HOWERTON, Judge.

Lewallen appeals from the order denying his motion to vacate the judgment of the Campbell Circuit Court. Lewallen plead guilty to four counts of distributing obscene material and received a fine of $250.00 on each count. The final judgment was entered on June 28, 1978, but Lewallen did not move to vacate the judgment until July 27, 1978. After a hearing on Lewallen's motion, the court found no manifest injustice in Lewallen's plea proceeding.

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