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PARK v. COMMONWEALTH

No. 2010-CA-000712-MR.

413 S.W.3d 638 (2012)

Jae H. PARK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 21, 2013.

Attorney(s) appearing for the Case

M. Brooke Buchanan , Frankfort, KY, for appellant.

Jack Conway , Attorney General of Kentucky, Bryan D. Morrow , Assistant Attorney General, Frankfort, KY, for appellee.

Before KELLER, STUMBO, and VANMETER, Judges.

OPINION

KELLER, Judge.

Jae H. Park (Park) appeals from the circuit court's denial, without a hearing, of his combined Kentucky Rule of Criminal Procedure (RCr) 11.42 and Kentucky Rule of Civil Procedure (CR) 60.02 motion to set aside his guilty plea and conviction. Park argues that the trial court erred when it denied his motion for an evidentiary hearing on his RCr 11.42 allegation that counsel failed to advise him of the defense of extreme emotional...

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