Motion to Vacate Set Aside or Correct Sentence, Gulity Plea Version

[GUILTY PLEA VERSION] COMMONWEALTH OF KENTUCKY ______________ CIRCUIT COURT CASE NO. ____________________ ____________________________ MOVANT V. MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE COMMONWEALTH OF KENTUCKY RESPONDENT Comes the movant, _____________, by counsel, and moves this Court pursuant to RCr 11.42, the 6th and 14th Amendments, United States Constitution and Sections 1, 2, 3, 11 and 14, Kentucky Constitution to vacate his sentence of ______ and set aside his conviction. As grounds for this motion, movant states the following: PROCEDURAL HISTORY On ________ movant was charged with ___________ in this Court. He entered a not guilty plea at arraignment. Eventually, he changed his plea to guilty to the following offense(s): ____________________. Include facts concerning Commonwealth’s offer, attorney’s advice concerning plea and any other relevant information. This Court sentenced movant to _______ years in prison. [Movant filed Notice of Appeal and his direct appeal was heard by the Court of Appeals/Supreme Court of Kentucky. That Court affirmed movant’s conviction on _____________.] [Movant filed a motion for discretionary review in the Supreme Court of Kentucky which that Court denied on _____________.] STATEMENT OF THE CASE Include what occurred at any pretrial hearings, if relevant and at the guilty plea hearing. OPINION OF THE COURT OF APPEALS/SUPREME COURT [if there was direct appeal] Set forth what the Court(s) held on appeal concerning the issues that were raised. GROUNDS FOR RELIEF I. MOVANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL WHEN HIS ATTORNEY ___________. Movant asserts that he was denied effective assistance of counsel contrary to the 6th and 14th Amendments, United States Constitution and Sections 1, 2, 3, 11 and 14, Kentucky Constitution. Set forth legal authority on IAC. Trial counsel performed deficiently with respect to the advice he gave to movant concerning pleading guilty and movant was prejudiced by that deficient performance. If movant had not received that improper advice he would not have pled guilty and would have insisted on going to trial. Include concluding paragraph arguing why attorney was ineffective and citing yet again to the United States and Kentucky Constitution as well as federal cases such as Hill v. Lockhart, 474 U.S. 52 (1984). CONCLUSION For the reasons set forth in this Motion, movant requests this Court to vacate his sentence of __________ and set aside his conviction. Respectfully submitted, Assistant Public Advocate Department of Public Advocacy [Address] [Phone] CERTIFICATE OF SERVICE I hereby certify that I have mailed true and accurate copies of this Motion, postage prepaid, on ____________, 20____, to _______________, Commonwealth’s Attorney, address and ___________, Attorney General, address. ___________________________________ VERIFICATION I, ____________, being duly sworn, hereby verify that I have reviewed this motion, and it is true and correct to the best of my knowledge and belief. ___________________________________ Movant Subscribed and sworn before me by _________ [Movant] on this ___ day of ________, 20____. _____________________________________ Notary Public My commission expires __________. [Date] Clerk _______ Circuit Court Address RE: ______________ v. Commonwealth of Kentucky, Motion pursuant to RCr 11.42, Case No. ________________ Dear Clerk: Enclosed is the motion pursuant to RCr 11.42 I am tendering on behalf of movant ____________. Please file the motion on receipt. RCr 11.42(4) provides that you shall notify the attorney general and Commonwealth’s Attorney in writing that this Motion has been filed. I am requesting that you comply with RCr 11.42(4). If you have any problems complying with this request please call me. Please let me know if you have any questions. Sincerely, Assistant Public Advocate Department of Public Advocacy 2