FROM JEFFERSON CIRCUIT COURT HONORABLE A.C. MCKAY CHAUVIN,
JUDGE ACTION NO. 15-CR-000469
Beshear Kentucky Attorney General Andrew J. Gochenaur Special
Assistant Attorney General Frankfort, Kentucky BRIEF FOR
Braunbeck Louisville, Kentucky BRIEF FOR APPELLEE
COMBS, JOHNSON, AND D. LAMBERT, JUDGES.
Commonwealth of Kentucky ("Commonwealth") appeals
the June 20, 2016 Order of the Jefferson Circuit Court
granting Troy Martin ("Martin") shock probation.
After reviewing the record in conjunction with the applicable
legal authorities, we REVERSE AND REMAND to the Jefferson
pled guilty to two counts of distributing matter portraying a
sexual performance by a minor and twenty counts of possessing
matter portraying a sexual performance by a
minor. He was sentenced on October 27, 2015, to
five years in prison on both counts of distribution, to run
concurrently, and one year on each of the twenty counts of
possession, to run concurrently with each other, but
consecutive to the five years, for a total of six years in
18, 2016, 204 days after he was sentenced and incarcerated,
Martin brought before the court a motion seeking shock
probation, pursuant to KRS 439.265. On May 23, 2016, the
court held a hearing on Martin's motion. After hearing
all the evidence, on June 20, 2016, the court issued an Order
granting Martin's motion, but delaying his probation
until February 13, 2017.
Commonwealth filed an appeal from the June 20, 2016 Order.
issue of whether a court has acted outside its jurisdiction
in granting a motion for shock probation is a question of
law. Therefore, our review is de novo. Hidalgo
v. Commonwealth, 290 S.W.3d 56, 58 (Ky. 2009).
issue before us concerns when the statutory time begins to
run pursuant to KRS 439.265 during which a circuit court may
suspend further execution of ...