Padgett v. Commonwealth

Court of Appeals of Kentucky

Padgett v. Commonwealth

493 S.W.2d 710, 1973 Ky. LEXIS 497

CourtCourt of Appeals of Kentucky

DecidedApril 20, 1973

DocketNo. F-317-72

StatusPublished

This text of 493 S.W.2d 710 (Padgett v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Padgett v. Commonwealth, 493 S.W.2d 710, 1973 Ky. LEXIS 497 (Ky. Ct. App. 1973).

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Opinion

PER CURIAM.

The appellant, George Padgett, was indicted for knowingly receiving stolen property (KRS 433.290), with four previous felony convictions (KRS 431.190). Upon the advice of counsel and after being fully advised of his rights he voluntarily entered a plea of guilty to the charge of receiving stolen property. On motion of the Commonwealth the habitual criminal charge was dismissed, and the trial court' fixed Padgett’s punishment at five (5) years’ imprisonment, the maximum under KRS 433.-290 and 433.220. He then moved the court to place him on probation, which was denied, whereupon he brought this appeal.

The sole argument in support of the appeal is that the mental pressure placed on a person charged with a serious crime (KRS 431.190, the habitual criminal statute, calls for a life sentence in the instance of two previous felonies) and given the option of accepting conviction of a less serious offense upon a plea of guilty, is such that he cannot constitutionally waive his right to a trial by jury. We are not so persuaded. See Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970).

The judgment is affirmed.

PALMORE, C. J., and MILLIKEN, OSBORNE, REED, STEINFELD and STEPHENSON, JJ., sitting.

All concur.

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PER CURIAM.

The appellant, George Padgett, was indicted for knowingly receiving stolen property (KRS 433.290), with four previous felony convictions (KRS 431.190). Upon the advice of counsel and after being fully advised of his rights he voluntarily entered a plea of guilty to the charge of receiving stolen property. On motion of the Commonwealth the habitual criminal charge was dismissed, and the trial court' fixed Padgett’s punishment at five (5) years’ imprisonment, the maximum under KRS 433.-290 and 433.220. He then moved the court to place him on probation, which was denied, whereupon he brought this appeal.

The sole argument in support of the appeal is that the mental pressure placed on a person charged with a serious crime (KRS 431.190, the habitual criminal statute, calls for a life sentence in the instance of two previous felonies) and given the option of accepting conviction of a less serious offense upon a plea of guilty, is such that he cannot constitutionally waive his right to a trial by jury. We are not so persuaded. See Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970).

The judgment is affirmed.

PALMORE, C. J., and MILLIKEN, OSBORNE, REED, STEINFELD and STEPHENSON, JJ., sitting.

All concur.

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493 S.W.2d 710, 1973 Ky. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padgett-v-commonwealth-kyctapp-1973.

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