Shannon v. Com.
| Decision Date | 10 January 1978 |
| Citation | 562 S.W.2d 301 |
| Parties | Reike L. SHANNON, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Jack E. Farley, Public Defender, M. Marie Allison, Asst. Public Defender, Frankfort, for appellant.
Robert F. Stephens, Atty. Gen., Patrick B. Kimberlin, III, Asst. Atty. Gen., Frankfort, for appellee.
On January 24, 1977, appellant was indicted by the McCracken County Grand Jury for two offenses of murder committed during the course of a burglary in the first degree (KRS 507.020(2)(b)) and one offense of murder by intentional acts which resulted in multiple deaths (KRS 507.020(2)(e)). On the same day that the indictment was returned, the Commonwealth's Attorney filed a written election (KRS 532.030(1)) to prosecute the appellant for the capital offense of murder. At his arraignment on January 27, 1977, the appellant was represented by counsel and he entered a plea of not guilty. On February 22, 1977, after plea bargaining, the Commonwealth's Attorney moved to amend the indictment from charging two capital offenses to charging two noncapital offenses and to dismiss the third charge. On the same day appellant sought to withdraw his not guilty plea and to enter a plea of guilty. The trial judge, thereupon, interrogated both the appellant and his counsel relative to this action, after which the plea of guilty was received by the court, and the appellant was found guilty of the two offenses of noncapital murder. The entry of judgment was postponed pending a presentence investigation and report (KRS 532.050). On February 28, 1977, six days after the court received appellant's guilty plea, he was returned into court and judgment pronounced. The court sentenced him to life imprisonment on each of the two offenses, with the condition that the sentences run consecutively.
On March 8, 1977, a notice of appeal was filed wherein appellant stated, "The sole question to be decided is whether the sentences were to be Concurrently as the defendant believes to be the law or as was the recommendation of the Commonwealth Attorney and the sentence of the Court." Appellant attempts to present three issues, as follows:
"I. Were appellant's guilty pleas invalid?
II. Should the appellant's case be vacated because the trial court failed to follow the sentencing procedures of KRS 532.050?
III. Was it erroneous for the trial court to order appellant's sentences to run consecutively?"
Appellant argues that his guilty plea was invalid because it was not entered knowingly, intelligently and voluntarily. The record does not disclose that this contention was ever brought to the attention of the trial judge so as to afford him an opportunity to make a determination of whether the guilty plea was entered knowingly, intelligently and voluntarily. The issue being raised for the first time on appeal and no justification having been shown for it not having been sooner presented, it comes too late for appellate review. Dalton v. Commonwealth, Ky., 478 S.W.2d 734 (1972).
On February 22, 1977, the trial judge entered an order which, among other things, provided that "* * * the Division of Probation and Parole is hereby ordered to prepare a written report of its presentence investigation of the defendant." The final judgment which was entered on February 28, 1977, contains the statement "* * * and the Court having given due consideration to the written report of the presentence investigation prepared by the Division of Probation and Parole, and to the nature and circumstances of the crime, and the history,...
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Jones v. Commonwealth, 2010–SC–000328–MR.
...without preservation, or whether they are simply procedural errors subject to palpable error review under RCr 10.26. Shannon v. Commonwealth, 562 S.W.2d 301 (Ky.1978) held that although the imposition of consecutive life sentences violated KRS 532.080(6)(a), a defendant's failure to preserv......
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Jackson v. Com.
...is equivalent to the maximum term that can be imposed on a persistent felony offender under KRS 532.080." In Shannon v. Commonwealth, Ky., 562 S.W.2d 301, 303 (1978), applying this statute where the accused had been sentenced to consecutive life terms on two murder charges, we held that "th......
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Hall v. Com.
...which would be authorized by KRS 532.080 for the highest class of crime for which any of the sentences is imposed. See Shannon v. Commonwealth, Ky., 562 S.W.2d 301 (1978); Hendley v. Commonwealth, Ky., 573 S.W.2d 662 (1978). However, since we have decided to reverse and remand this case for......
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Helton v. Commonwealth of Kentucky, 2001-CA-001679-MR.
...Court's rejection of Helton's challenge to the consecutive life sentences was based on counsel's failure to object and Shannon v. Commonwealth, Ky., 562 S.W.2d 301 (1978). Subsequent to the Supreme Court's decision affirming Helton's convictions, the Supreme Court overruled its decision in ......