Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Ford

Court of Appeals of Kentucky

February 9, 2018

COMMONWEALTH OF KENTUCKY APPELLANT
v.
RICKY WILLIAM FORD APPELLEE

         APPEAL FROM DAVIESS CIRCUIT COURT HONORABLE JOSEPH CASTLEN, JUDGE ACTION NO. 74-CR-17503

          BRIEF FOR APPELLANT: Andy Beshear Attorney General of Kentucky Mark D. Barry Assistant Attorney General Frankfort, Kentucky.

          BRIEF FOR APPELLEE: E. Louis Johnson Owensboro, Kentucky.

          BEFORE: CLAYTON, DIXON, AND MAZE, JUDGES.

          OPINION

          CLAYTON, JUDGE

         The Commonwealth of Kentucky brings this appeal from a Daviess Circuit Court order granting Ricky William Ford's motion to expunge his felony convictions. The Commonwealth argues that the expungement was erroneously granted because Ford's convictions arose from multiple incidents, whereas the expungement statute, Kentucky Revised Statutes (KRS) 431.073, only permits expungements of convictions arising from a single incident.

         In 1974, a Daviess County grand jury returned an indictment charging Ford with four counts of uttering a forged check under Kentucky Revised Statutes (KRS) 434.130 (now KRS 516.030 and KRS 516.060).

Count 1: That on or about the 10th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $100.00 check to First Home Federal Savings and Loan Association drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback . . .
Count 2: That on or about the 15th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $150.00 check to First Home Federal Savings and Loan Association drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback . . .
Count 3: That on or about the 17th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $50.00 check to Citizens State Bank drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback . . .
Count 4: That on or about the 19th day of January, 1974, in Daviess County, Kentucky, the above named defendant uttered a $50.00 check to Leet's Grocery drawn on the Citizens State Bank, Owensboro, Kentucky, and bearing the forged signature of R.F. Stainback . . .

         On May 13, 1974, Ford pleaded guilty to all four counts and received a sentence of two years on each of the four counts with Counts 1 and 2 to be served consecutively and Counts 3 and 4 to be served concurrently with Counts 1 and 2, for a total sentence of four years. Ford was granted shock probation for the remainder of his sentence two months later. In 1993, the governor restored Ford's civil rights.

         In August 2016, Ford filed a motion seeking to expunge the charges. The Commonwealth opposed the motion contending that the charges were not eligible for expungement because they did not arise from a single incident as required by the statute. The circuit court heard ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.