Preview:

RENDERED: NOVEMBER 26, 2003; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2001-CA-002076-MR

JERRY FELKER APPELLANT

APPEAL FROM HOPKINS CIRCUIT COURT

v. HONORABLE CHARLES W. BOTELER, JR., JUDGE
ACTION NO. 97-CR-00215

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION
AFFIRMING
** ** ** ** ** ** ** **
BEFORE: DYCHE, JOHNSON AND PAISLEY, JUDGES.
JOHNSON, JUDGE: Jerry Felker has appealed from an order of the
Hopkins Circuit Court entered on August 21, 2001, denying his
motion for post-conviction relief pursuant to RCr1 11.42. Felker
contends that he received ineffective assistance of counsel when
he entered a plea of guilty to two charges of trafficking in
marijuana and one charge of possession of drug paraphernalia,
which resulted in a total prison sentence of ten years, probated
for five years. Felker contends that trial counsel should have

1 Kentucky Rules of Criminal Procedure.

advised him to withdraw his guilty plea and, additionally, that

trial counsel should have investigated as a defense the
possibility that his son was the owner of the marijuana and the
firearms seized from Felker

Download 2001-ca-002076.pdf

Kentucky Law