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RENDERED: APRIL 7, 2006; 2:00 P.M.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2004-CA-002168-MR
CHARLES SAMUEL McDONALD APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
v. HONORABLE ANN O'MALLEY SHAKE, JUDGEINDICTMENT NO. 152496
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION AFFIRMING ** ** ** ** ** BEFORE: COMBS, CHIEF JUDGE; DYCHE AND KNOPF, JUDGES. COMBS, CHIEF JUDGE: Charles Samuel McDonald, pro se, appeals from those portions of an Opinion and Order of the Jefferson Circuit Court entered on September 1, 2004, which denied his motion to vacate or set aside judgment pursuant to the provisions of CR1 60.02(e) and (f) -- as well as for his motion for appointment of counsel. We affirm.
1 Kentucky Rules of Civil Procedure.
In 1978, a jury convicted McDonald of raping his stepdaughter, engaging in indecent and immoral practices, and committing assault and battery against his wife. He was sentenced to life imprisonment without parole on the rape charge; he received lesser concurrent sentences of five years and twelve months, respectively, on the other two charges. His conviction was affirmed by the Kentucky Supreme Court in a published opinion.2
The motion that is the subject of the present appeal was filed on August 9, 2004. McDonald also filed accompanying motions for appointment of counsel and for leave to proceed in forma pauperis. The circuit court granted the motion to proceed in forma pauperis and denied the other motions.
Although McDonald asserted three different grounds for relief in his CR 60.02 motion, he has raised only one issue on appeal. That issue concerns the introduction into evidence of a medical record made by Dr. B. Martin, who examined McDonald

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