2006 Unpublished Court of Appeals Opinions Index

Table of Cases
F

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Felder v Com.,2005-CA-000180 --Not Published, Opinion and Order Dismissing Appeal -- PDF

Eddie Judge Felder, Jr. (Felder) brings this appeal of an amended order of the Fayette Circuit Court, entered January 12, 2005. The order amended the court’s Final Judgment and Sentence of Probation, entered December 20, 2004, to reflect Felder’s entry of a conditional guilty plea. Because Felder did not timely file his notice of appeal, we have no jurisdiction to consider the appeal. Therefore, it must be dismissed.

Ferguson V Com.,2005-CA-000763 --Not Published ; Affirming -- PDF

Gerald Lee Ferguson was convicted of three counts of burglary in the second degree, possession of burglar’s tools, and being a persistent felony offender in the first degree following a jury trial in Jefferson Circuit Court. He received a sentence of fourteen years’ imprisonment. This Court affirmed the judgment in its entirety on direct appeal in case no. 2001-CA-002646-MR. On January 13, 2005, Ferguson, pro se, filed a motion to vacate his conviction pursuant to RCr 11.42, which the trial court denied without conducting an evidentiary hearing. On appeal, Ferguson claims that he was denied the effective assistance of both trial and appellate counsel. We affirm.

Fields v Com., 2004-CA-002108 -- To Be Published ; Affirming -- PDF

John Daniel Fields appeals from a judgment entered by the Daviess Circuit Court in which he was found guilty of rape in the first degree, assault in the fourth degree and unlawful imprisonment in the second degree. The trial court sentenced Fields to a total of ten years in prison. Finding no error, we affirm Fields’s judgment of conviction.

Fitts v Com.,2005-CA-001728 --Not Published,Affirming -- PDF

Randy Fitts appeals pro se from an order entered by the Fulton Circuit Court denying his motion seeking RCr 11.42 relief. For the reasons stated hereafter, we affirm.

Flannery v Com., 2005-CA-002158 -- Not Published ; Affirming -- PDF

Jeffrey Flannery appeals from the Madison Circuit Court’s judgment sentencing him to seven and one-half years’ imprisonment after entry of a conditional guilty plea to first-degree attempted robbery. Flannery argues that the trial court erred by failing to suppress certain evidence found as a result of both an illegal stop and an illegal detention. For the following reasons, we affirm.

Florence v Com ,2005-CA-001138 - Not Published ;Affirming -- PDF

Christopher Lee Florence brings this pro se appeal from a May 6, 2005, order of the Fayette Circuit Court denying his Ky. Rule Civ. Proc. (RCr) 11.42 motion. We affirm.

Fortner v Com, 2005-CA-001068 --Not Published ; Affirming -- PDF

Daniel Lee Fortner was convicted of one count of promoting contraband by a Carter County jury. The Carter Circuit Court sentenced him on April 20, 2005, to a maximum term of one-year’s imprisonment. On appeal, Fortner argues that the trial court erred in denying his motion for a directed verdict of acquittal based on insufficiency of the evidence. Finding no error, we affirm.

Frazier v Com, 2005-CA-001210 --Not Published ; Affirming -- PDF

In 1977, Kenneth Frazier and a co-defendant were charged by a Jefferson County grand jury with first-degree robbery. They were accused of having taken money at gun point from the owner of the Highland Bottle Shoppe in Louisville. On the morning of trial, Frazier pled guilty to second-degree robbery and agreed to testify against the co-defendant. In exchange for his plea and his cooperation, the Commonwealth agreed to the reduced charge and recommended a sentence of six years. By judgment entered July 22, 1977, the court sentenced him to five years’ imprisonment.

Fryerson V Com.,2005-CA-000293 -- Not Published ; Affirming -- PDF

Sammie Fryerson appeals from the Christian Circuit Court’s judgment which was entered after the court denied his motion to withdraw his guilty plea to first-degree robbery. On appeal, Fryerson argues that the circuit court erred by failing to establish whether there was a factual basis for his guilty plea and by failing to conduct an evidentiary hearing. For the following reasons, we affirm.

Fulkerson V Com.,2005-CA-001817 --Not Published ; Affirming -- PDF

Eric G. Fulkerson appeals an order from the McLean Circuit Court denying his motion to suppress evidence seized from a warrantless search of his automobile. For the reasons stated herein, we affirm the trial court’s order.

Fuqua V Com.,2005-CA-002014 -- Not Published, Affirming -- PDF

On April 11, 2000, in Princeton, Kentucky, two masked individuals armed with pistols entered one of the First Bank and Trust Company’s branches and robbed it of $3,096.00. DeMarcus Lamar Fuqua, who was seventeen years old at the time, was arrested and charged with robbery in the first degree, a Class B felony. Since Fuqua was a juvenile, Caldwell District Court held a hearing to determine if Fuqua should be transferred to Caldwell Circuit Court to be tried as an adult. After Fuqua was transferred to circuit court, he was indicted and tried for first-degree robbery.

Fuston V Com.,2005-CA-001595 --Not Published ; Affirming -- PDF

Thomas E. Fuston has appealed from the judgment and sentence of the Bell County Circuit Court entered on July 7, 2005, following his conviction for Burglary in the Third Degree.2 Having concluded that the trial court did not abuse its discretion in refusing to exclude evidence of an outstanding warrant for the Appellant’s arrest, we affirm.