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RENDERED: JUNE 27, 2003; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2002-CA-001293-MR

JAMES GARLAND APPELLANT

APPEAL FROM JEFFERSON CIRCUIT COURT

v. HONORABLE STEPHEN K. MERSHON, JUDGE
ACTION NO. 97-CR-001775 & 97-CR-002453

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION
AFFIRMING
** ** ** ** **

BEFORE: BARBER, McANULTY, AND TACKETT, JUDGES.

TACKETT, JUDGE: James Garland (hereinafter, Garland or the
Appellant) appeals from the judgment of the Jefferson Circuit
Court, which denied his motion seeking to vacate his convictions
for assault, unlawful imprisonment, and persistent felony
offender. We affirm.

Upon conclusion of a jury trial in November of 1997,
Garland was convicted of unlawful imprisonment in the first
degree and assault in the fourth degree of Mary Hilbert.
Garland then pled guilty to the charge of persistent felony

penitentiary. Thereafter, Garland moved for belated appeal,
which motion was granted by this court on February 16, 1999. On
April 24, 2001, this court rendered its opinion affirming the
convictions.

On June 4, 2001, Garland, pro se, filed a motion to
vacate his convictions pursuant to Kentucky Rule of Criminal
Procedure (RCr) 11.42. In his supporting memorandum, Garland
argued that he received ineffective assistance of counsel
throughout his trial, resulting in prejudice and an inability

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Kentucky Law