Graves v. Commonwealth
2008-CA-000901
02/20/2009
2009 WL 414589
Ord pub 04/03/2009
Opinion by Judge Nickell; Judge Dixon and Senior Judge Buckingham concurred.
The Court affirmed an order of the circuit court denying a motion filed pursuant to CR 60.02(f) to set aside appellant’s conviction and sentence. The Court first held that appellant’s failure to put a complete record before the court resulted in the assumption that the missing competency evaluation order and videotape of the guilty plea colloquy supported the circuit court finding that appellant’s plea was intelligent, voluntary and knowing. The Court then held that, considering the scant facts presented, the totality of the circumstances and the holding in Conley v. Commonwealth, 569 S.W.2d 682 (Ky. App. 1968), there was no reason to conclude that the sentencing court had any doubt as to appellant’s competency. The Court finally held that the trial court did not abuse its discretion in finding that the motion was not filed in a reasonable time when it was filed more than seven years after appellant’s conviction.
