DANALE SNEED V. COMMONWEALTH OF KENTUCKY
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IMPORTANT NOTICE
NOT TO BE PUBLISIL .D OPINION
THIS OPINION IS DESIGNATED "NOT TO BE
PUBLISHED. PURSUANT TO THE RULES OF
CIVIL PROCED URE PROMUL GATED BY THE
SUPREME COURT, CR ?'6.28 (4) (c), THIS OPINION
IS NOT TO BE PUBLISHED
AND SHALL NOTBE
CITED OR USED AS A UTHORITYINANY OTHER
CASE INANY COURT OF THIS STATE.
f"
RENDERED : OCTOBER 19, 2006
NOT TO BE PUBLISHED
supraut (90urf of
0
2006-SC-0440-MR
~~ H LEJ
DANALE SNEED
V.
APPELLANT
APPEAL FROM CAMPBELL CIRCUIT COURT
HONORABLE FRED A. STINE V, JUDGE
2005-CR-00119
COMMONWEALTH OF KENTUCKY
APPELLEE
MEMORANDUM OPINION OF THE COURT
AFFIRMING
This appeal is from a judgment of conviction based on an unconditional guilty
plea . Sneed was sentenced to 20 years in prison .
Sneed entered a guilty plea to four counts of first degree trafficking in a
controlled substance, second or subsequent offense. He did not plead guilty based on
any recommendation of sentence from the Commonwealth . As the trial judge was
accepting the plea, Sneed acknowledged he was giving up his Constitutional rights
including his right to an appeal . He was sentenced to serve 20 years on each count
with the sentences to run concurrently for a total of 20 years. He did not file a post plea
motion to withdraw his plea of guilty but instead filed this Anders appeal . At the request
of counsel, Sneed has been provided more than 30 days to file any authority with this
Court in a pro se manner. Nothing has been filed .
If counsel conscientiously investigates and examines the entire record and
determines that an appeal is frivolous, a request for leave to withdraw is appropriate .
Anders v. California, 386 U.S. 738 (1967). We have undertaken our own careful review
of this limited record and agree with counsel that there is no issue to address on
appeal. The trial judge properly inquired into the knowing and voluntary nature of
Sneed's waiver of rights, including his right to appeal, when he entered into the plea of
guilty. A waiver that is entered into in a voluntary and knowing manner is valid and will
not be disturbed on appeal. Johnson v. Commonwealth , 120 S.W.3d . 704 (Ky. 2003).
We find nothing in the record to indicate there is a meritorious issue to address.
The waiver of rights is valid. Counsel's request to withdraw is granted .
The judgment of conviction and sentence is affirmed .
All concur.
COUNSEL FOR APPELLANT :
Damon L. Preston
Appeals Branch Manager
Department of Public Advocacy
100 Fair Oaks Lane, Suite 301
Frankfort, KY 40601-1109
COUNSEL FOR APPELLEE:
Gregory D . Stumbo
Attorney General of Kentucky
Robert E . Prather
Assistant Attorney General
Office of Criminal Appeals
1024 Capital Center Drive
Frankfort, KY 40601
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