Covington v. Commonwealth

Summary

The Supreme Court of Kentucky held that the Commonwealth's recommendation of a twenty-year sentence, which induced Frankie Covington to plead guilty, constituted a plea agreement under ordinary contract principles. Because the trial court rejected that recommendation and imposed a life sentence without giving Covington an opportunity to withdraw his plea as required by RCr 8.10, the court reversed the final judgment and remanded. The court upheld the trial court's findings that Covington was competent, that his plea was voluntary, and that he had not received ineffective assistance of counsel.

Holdings

1. The trial court did not clearly err in finding that Covington was competent, that his guilty plea was voluntary, and that counsel did not render ineffective assistance in connection with the plea.
2. When a prosecutor offers a sentencing recommendation and the defendant pleads guilty in reliance on that offer, a plea agreement is formed under ordinary contract principles. If the trial court rejects the agreement, RCr 8.10 requires the court to inform the parties and afford the defendant an opportunity to withdraw the plea before imposing a less favorable disposition.

Questions Presented

1. Whether the trial court clearly erred in finding that Covington was competent and that his guilty plea was voluntary.
2. Whether Covington received ineffective assistance of counsel in connection with his guilty plea.
3. Whether RCr 8.10 required the trial court to give Covington an opportunity to withdraw his guilty plea after rejecting the Commonwealth's recommended sentence.

Disposition

reversed_and_remanded