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Robinson v. Commonwealth

Court of Appeals of Kentucky

November 27, 2013

JOSHUA ROBINSON, APPELLANT
v.
COMMONWEALTH OF KENTUCKY, APPELLEE

APPEAL FROM MCCRACKEN CIRCUIT COURT. HONORABLE CRAIG Z. CLYMER, JUDGE. ACTION NO. 10-CR-00126.

BRIEF FOR APPELLANT: Jason A. Hart, Assistant Public Advocate, Frankfort, Kentucky.

BRIEF FOR APPELLEE: Jack Conway, Attorney General of Kentucky, Bryan D. Morrow, Assistant Attorney General, Frankfort, Kentucky.

BEFORE: COMBS, LAMBERT, AND THOMPSON, JUDGES. ALL CONCUR.

OPINION

Page 154

LAMBERT, JUDGE:

Joshua Robinson appeals from the McCracken Circuit Court's September 12, 2012, order revoking his probation. He argues that the trial court lacked jurisdiction to revoke his probation pursuant to Kentucky Revised Statutes (KRS) 533.020(4). After careful review, we affirm the trial court's order revoking Robinson's probation.

Robinson pled guilty to possession of marijuana, possession of drug paraphernalia, and to being a convicted felon in possession of a firearm. On February 2, 2011, the trial court sentenced him to twelve months for the marijuana possession; twelve months for the drug paraphernalia possession; and five years for the firearm possession, all to run concurrently, for a total of five years. The trial court probated Robinson's sentence for a period of one and one-half years, and thus his probation was scheduled to end on August 2, 2012. That order stated, " upon completion of the aforesaid probation, the Defendant shall be finally discharged, provided that the Defendant has complied with the above conditions and provided further that no warrant issued with the Court is pending against the Defendant, and the Defendant's probation has not been revoked."

On July 5, 2012, approximately one month prior to the expiration of his probation, the Commonwealth moved the trial court to issue a bench warrant for Robinson's arrest. Robinson had been convicted of a misdemeanor for driving under the influence. The trial court issued a warrant on July 9, 2012, and ordered Robinson to show cause as to why his probation should not be revoked. On July 19, 2012, the Commonwealth gave notice of additional grounds to revoke Robinson's probation, noting that Robinson had been arrested and charged with the felony of receiving stolen property.

The revocation hearing was initially set for August 8, 2012, but was continued until September 12, 2012. At the hearing, Robinson's defense counsel objected to the revocation of his probation on grounds that the trial court had lost jurisdiction. The Commonwealth pointed to the language in the probation order that stated a pending warrant prevented Robinson from completing probation and argued that the jurisdiction of the trial court, per statute, continues if probation is not successfully completed due to a pending warrant.

The trial court agreed with the Commonwealth and found that there had been a warrant issued for Robinson due to his new misdemeanor conviction and felony arrest, to which Robinson and his counsel stipulated. It then ruled that Robinson had violated the terms of his probation and revoked his probation. Robinson now appeals to this Court.

The trial court's conclusions of law are subject to de novo appellate review. Gosney v. Glenn, 163 S.W.3d 894 (Ky. App. 2005).

Page 155

Statutory interpretations are also subject to de novo review. Commonwealth v. Love, 334 S.W.3d 92, 93 (Ky. 2011). Thus, we will conduct an ...


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