FROM KENTON CIRCUIT COURT HONORABLE GREGORY BARTLETT, JUDGE
ACTION NO. 16-CR-00334-001
FOR APPELLANT: Susan Jackson Balliet Frankfort, Kentucky
FOR APPELLEE: Andy Beshear Attorney General of Kentucky
Joseph Andrew Beckett Frankfort, Kentucky
BEFORE: KRAMER, CHIEF JUDGE; JOHNSON AND MAZE, JUDGES.
an appeal by Kay Snodgrass ("Snodgrass"), from the
October 31, 2016 Final Order of the Kenton Circuit Court.
Snodgrass appeals the order alleging that her due process
rights were violated when the court allowed the Commonwealth
of Kentucky ("Commonwealth") to introduce evidence
at sentencing relating to uncharged misconduct, dismissed
charges and unverified community complaints. After reviewing
the record in conjunction with the applicable legal
authorities we AFFIRM the Final Order of the court.
April 28, 2016, Snodgrass was indicted on several charges:
Trafficking in a Controlled Substance, first degree, two or
more grams heroin, 2ndoffense, or complicity
thereof; Trafficking in a Controlled Substance,
first degree, less than two grams heroin, or complicity
thereof; and Possession of a Controlled Substance,
September 16, 2016, Snodgrass accepted a plea agreement
reducing the charges on condition of a guilty plea leading to
a total of ten years to serve. The plea agreement also
allowed Snodgrass to be free to argue for a lesser or
alternative sentence. A Pre-Sentencing Investigative report
(PSI) was ordered to be prepared by the Division of Probation
October 28, 2016, Snodgrass appeared with her attorney before
the court for her final sentencing hearing. At the hearing
Snodgrass acknowledged her drug problem, expressed remorse
and indicated to the court that she would attempt to change
her lifestyle. The Commonwealth stated that Snodgrass'
recent behavior was not a single episode in her life, but
part of habitual criminal drug activity. The Commonwealth
called Sgt. Justin Wietholter ("witness") of the
Covington Police Department to testify about problems in the
neighborhood from 2013 until 2016, concerning the activities
of Snodgrass, her character and background. Witness testified
about complaints sent to the police department through
e-mails, the police department's investigation and
surveillance of Snodgrass, and her uncharged criminal
activity of the past all dating back to 2013.
hearing from all parties, reviewing the PSI report, taking in
consideration the nature and circumstances of the crime, and
the history, character and condition of Snodgrass, the court
on October 31, 2016, entered an order accepting the
recommended sentence of the Commonwealth and sentenced
Snodgrass to ten years in prison.
November 7, 2016, Snodgrass appealed the final Judgment and
Sentence of Imprisonment entered on October 31, 2016.
decisions are ultimately within the sound discretion of the
court, therefore we review them for an abuse of discretion.
We will not disturb the court's ruling unless its
decision was arbitrary, unreasonable, unfair, or unsupported
by sound legal principles. Howard v. Commonwealth,