PIERCE RENAY DUNN v. COMMONWEALTH OF KENTUCKY

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RENDERED: December 11, 1998; 2:00 p.m. NOT TO BE PUBLISHED C ommonwealth O f K entucky C ourt O f A ppeals NO. 1997-CA-001657-MR PIERCE RENAY DUNN APPELLANT APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE MARY C. NOBLE, JUDGE ACTION NO. 89-CR-000692 v. COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: KNOX, MILLER, AND SCHRODER, JUDGES. MILLER, JUDGE: Pierce Renay Dunn brings this pro se appeal from a June 17, 1997 order of the Fayette Circuit Court. We affirm. In 1990, appellant was found guilty pursuant to a jury trial of theft by unlawful taking. (KRS) 514.030. Kentucky Revised Statute Thereupon, appellant pled guilty to being a persistent felony offender in the first-degree (PFO I). 532.080(3). KRS He was sentenced to ten years' imprisonment. In February 1997, appellant filed a “Motion to Modify-Amend or Vacate Sentence Pursuant to RCr 13.04; CR 60.02; KRS 532.070; [KRS 532.110;] and RCr 11.42.” On June 17, 1997, the Fayette Circuit Court entered an order denying appellant's motion. This appeal follows. In appellant's two-page pro se brief, he asserts as follows: I Appellant was denied his guaranteed due process right----------to due process when appointed counsel failed to adequately prepare or present any type of legal arguments, or to deman[d] a hearing on his CR 60.02, RCr. 11.42 motions in the Fayette Circuit Court. . . . II Appellant was denied effective assistance of counsel during the PFO and Sentencing phases of his trial, and his plea of guilty to the PFO count and waiver of jury sentencing were involuntary. . . . III Wherefore, appellant prays for relief from this illegal enhanced conviction. . . . Appellant, however, failed to support the above contentions with discernible legal arguments and failed to direct this court to legal authority supporting same. We view broad assertions without supporting arguments or evidence as simply insufficient to merit serious appellate review. As such, we summarily affirm the circuit court's denial of appellant's motion. For the foregoing reasons, the order of the Fayette Circuit Court is affirmed. ALL CONCUR. -2- PRO-SE BRIEF FOR APPELLANT: BRIEF FOR APPELLEE: Pierce Renay Dunn Burgin, KY A. B. Chandler III Attorney General and Gregory C. Fuchs Assistant Attorney General Frankfort, KY -3-

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