 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hampton v. Commonwealth2/11/2005
ly" answered. However, in reviewing the video record, it is apparent that the trial judge very carefully asked the questions to Hampton. There is no evidence that Hampton did not answer the questions with the level of understanding as required under Kentucky law.
The order granting pretrial diversion and accepting Hampton's guilty plea specifically states that Hampton's attorney explained to him the terms and conditions of the pretrial diversion and that Hampton freely, voluntarily, intelligently, and knowingly entered into the agreement with the Commonwealth. The order further states that if Hampton failed to successfully complete pretrial diversion thereby voiding the agreement, the Court could impose a sentence equal to or less than the penalty recommended by the Commonwealth.
We have reviewed the video record of the guilty plea hearing. The trial judge carefully asked Hampton if he was voluntarily waiving his various constitutional rights, if he was satisfied with his counsel, if he needed any more time to consider his plea, if he was under the influence of any alcohol, drugs, or medication, if he desired to plead guilty, if he was pleading guilty based on guilt alone, and if anyone promised him they could bind the trial court to accept his plea. Hampton's answers to the questions support the conclusion that his guilty plea was constitutionally valid. Further, Hampton's attorney stated to the trial court that Hampton understood the nature of the charges against him. Thus, we conclude that the trial court properly determined that Hampton's plea of guilty was knowingly, intelligently, and voluntarily entered.
Based on the foregoing reasons, the judgment and sentence of the Pike Circuit Court is affirmed.
ALL CONCUR.
Page 1 2 3 Kentucky Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|