Stiger v. Commonwealth
Annotate this CaseAppellant pled guilty to, among other offenses, five counts of first-degree robbery. First-degree robbery is a "violent offense" under Ky. Rev. Stat. 439.3401, and under that statute, a person convicted of a violent offense does not become eligible for parole until he has served the lesser of eighty-five percent of the sentence imposed or twenty years. Appellant moved for relief from his guilty plea, claiming he was not apprised of the parole ramifications of his sentence. The trial court summarily denied Appellant's motion, and an unanimous panel of the court of appeals affirmed. The Supreme Court affirmed, holding (1) counsel renders deficient assistance under Commonwealth v. Padilla and Strickland v. Washington when his guilty plea advice does not accurately reflect the parole consequences under the violent offender statute; but (2) the deficient performance alleged in this case did not entitle Appellant to relief because it could not have resulted in any prejudice.
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