CRIMINAL – CR 60.02: Campbell v. Commonwealth (COA 10/30/2009)

Campbell v. Commonwealth
2008-CA-001881 10/30/09 2009 WL 3486711
Opinion by Judge Caperton; Judges Dixon and Taylor concurred.

The Court affirmed an order of the circuit court denying appellant’s motion filed pursuant to CR 60.02 to correct his sentence in light of Peyton v. Commonwealth, 253 S.W.3d 504 (Ky. 2008). The Court held that Peyton was not intended to be applied retroactively. The Court further held that because the issue was purely legal, appellant was not entitled to an evidentiary hearing or findings of fact. Further, the denial of CR 60.02 relief did not fall within the purview of CR 52.04 and thus, did not require written findings and conclusions.