ROBERT VAUGHN V. COM.
CRIMINAL: Ineffective Assistance of Counsel
PANEL: ACREE PRESIDING; COMBS, TAYLOR CONCUR
DATE RENDERED: 2/15/2008
CA affirmed Circuit Court’s denial of pro se Defendant’s RCr 11.42 motion to vacate guilty plea to murder alleging ineffective assistance of counsel. Vaughn has not met his burden of proving that his guilty plea was involuntary merely because he could have gambled on a jury’s willingness to find extreme emotional disturbance. Further, the decision of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), was not controlling as Vaughn was not sentenced to a penalty that exceeded the maximum penalty prescribed by KRS 532.030(1).
Digested by Scott C. Byrd