Opinion
NO. 2012-CA-001770-MR
08-01-2014
JARROD DOOLIN APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEF FOR APPELLANT: Eric S. Grinnell Florence, Kentucky BRIEF FOR APPELLEE: Jack Conway Attorney General of Kentucky Todd D. Ferguson Assistant Attorney General Frankfort, Kentucky
NOT TO BE PUBLISHED APPEAL FROM BOONE CIRCUIT COURT
HONORABLE GREGORY M. BARTLETT, JUDGE
ACTION NO. 11-CR-00110
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 RCr 11.42 relief; such a 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.
Kentucky Rules of Criminal Procedure.
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: Eric S. Grinnell
Florence, Kentucky
BRIEF FOR APPELLEE: Jack Conway
Attorney General of Kentucky
Todd D. Ferguson
Assistant Attorney General
Frankfort, Kentucky