DOOLIN (JARROD) VS. COMMONWEALTH OF KENTUCKY

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RENDERED: AUGUST 1, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-001770-MR JARROD DOOLIN v. APPELLANT APPEAL FROM BOONE CIRCUIT COURT HONORABLE GREGORY M. BARTLETT, JUDGE ACTION NO. 11-CR-00110 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AND ORDER DISMISSING ** ** ** ** ** BEFORE: COMBS, DIXON, AND VANMETER, JUDGES. VANMETER, JUDGE: On appeal, Jarrod Andrew Doolin requests that his two convictions of wanton endangerment in the first degree and concomitant sentence of three-years probation be vacated due to the fact that his trial counsel allegedly rendered ineffective assistance. However, the proper vehicle for raising a claim of ineffective assistance of trial counsel is a motion for RCr1 11.42 relief; such a 1 Kentucky Rules of Criminal Procedure. motion was never presented to the Boone Circuit Court for consideration. Until so presented and denied, no error exists for appellate review. See Gibbs v. Commonwealth, 208 S.W.3d 848, 858 (Ky. 2006), overruled on other grounds by Padgett v. Commonwealth, 312 S.W.3d 336 (Ky. 2010); Humphrey v. Commonwealth, 962 S.W.2d 870, 872 (Ky. 1998); Hennemeyer v. Commonwealth, 580 S.W.2d 211, 216 (Ky. 1979). We must, therefore, decline to consider this issue until an RCr 11.42 motion is presented to the trial court, ruled on by the trial court, and an appeal from the trial court s decision is taken. For the foregoing reasons, we order this appeal to be dismissed. ALL CONCUR. ENTERED: August 1, 2014 /s/ Laurance B. VanMeter JUDGE, COURT OF APPEALS BRIEF FOR APPELLANT: BRIEF FOR APPELLEE: Eric S. Grinnell Florence, Kentucky Jack Conway Attorney General of Kentucky Todd D. Ferguson Assistant Attorney General Frankfort, Kentucky -2-

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