OLLIE J. HOLBROOK v. COMMONWEALTH OF KENTUCKY
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RENDERED: December 18, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1997-CA-001507-MR
OLLIE J. HOLBROOK
v.
APPELLANT
APPEAL FROM MAGOFFIN CIRCUIT COURT
HONORABLE JOHN ROBERT MORGAN, JUDGE
ACTION NO. 94-CR-001
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
GUDGEL, CHIEF JUDGE; JOHNSON AND KNOX, JUDGES.
JOHNSON, JUDGE: Ollie J. Holbrook (Holbrook) appeals from the
order entered by the Magoffin Circuit Court on June 19, 1997,
that denied his pro se motion to alter, amend or vacate his
sentence pursuant to Kentucky Rules of Civil Procedure (CR) 60.02
and to vacate his sentence due to ineffective assistance of
counsel pursuant to Kentucky Rules of Criminal Procedure (RCr)
11.42.
We affirm.
Holbrook was indicted on March 22, 1994, for one count
of murder under Kentucky Revised Statutes (KRS) 507.020 for
“committ[ing] murder by operating his vehicle under the influence
of alcohol and striking the vehicle operated by Paul Lyon, III
and thereby causing the death of Paul Lyons [sic], III.”
The
case went to trial on June 12, 1995, and on the second day of the
trial Holbrook pled guilty to one count of manslaughter in the
second degree in violation of KRS 507.040.
On July 21, 1995,
Holbrook was sentenced to serve ten years in prison.
On January 22, 1997, Holbrook filed a pro se motion
pursuant to CR 60.02 and RCr 11.42.
Holbrook argued in his
motion that his guilty plea was involuntary because it was
“coerced by a combination of fear, coercive police tactics, and
illness”; however, Holbrook failed to allege any facts to support
his claim.
He also argued that he would not have pled guilty if
he had been informed that “intent” was an element of manslaughter
in the second degree.
Holbrook claimed that the failure of
counsel to provide him with this information constituted
ineffective assistance of counsel.
A hearing was held on June 2, 1997, and after the
Commonwealth read from the transcript of the guilty plea hearing,
the trial court denied Holbrook’s motions.
This pro se appeal
followed.
Holbrook argues in his two-page brief that his guilty
plea was not voluntary because he was “never told that ‘intent’
was a critical element of the charged offense, and I never[]
intentionally harmed anyone” (emphasis original).
states as follows:
KRS 507.040(1)
“A person is guilty of manslaughter in the
-2-
second degree when, including, but not limited to, the operation
of a motor vehicle, he wantonly causes the death of another
person.”
Thus, intent to cause harm is not an element of
manslaughter in the second degree.
There was no error and the
claim for ineffective assistance is without merit.
We affirm the
judgment of the Magoffin Circuit Court.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Ollie J. Holbrook Pro Se
Burgin, KY
Hon. A. B. Chandler, III
Attorney General
Hon. Joseph R. Johnson
Assistant Attorney General
Frankfort, KY
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