KISER v. COM.

Nos. 91-CA-166-MR, 91-CA-217-MR.

829 S.W.2d 432 (1992)

Daniel Boyd KISER, Appellant/Cross-Appellee, v. COMMONWEALTH of Kentucky, Appellee/Cross-Appellant.

Court of Appeals of Kentucky.

May 8, 1992.


Attorney(s) appearing for the Case

Margaret Foley Case, Timothy Riddell, Frankfort, Maury D. Kommor, Louisville, for appellant/cross-appellee.

Chris Gorman, Atty. Gen., Frankfort, Thomas W. Dyke, Sp. Asst. Atty. Gen., Louisville, for appellee/cross-appellant.

Before EMBERTON, JOHNSON and WILHOIT, JJ.


WILHOIT, Judge.

Daniel Boyd Kiser appeals from a judgment of the Jefferson Circuit Court which denied his motion to vacate his sentence pursuant to RCr 11.42 and CR 60.02.

The appellant was indicted for theft by unlawful taking over $100 on November 10, 1982. On December 1, 1983, the appellant withdrew his original plea of "not guilty" and entered a plea of "guilty." He received a sentence of five years, which was probated. On May 14, 1985, the appellant was...

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