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Commonwealth v. Martin

Court of Appeals of Kentucky

February 23, 2018

COMMONWEALTH OF KENTUCKY APPELLANT
v.
TROY MARTIN APPELLEE

         APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE A.C. MCKAY CHAUVIN, JUDGE ACTION NO. 15-CR-000469

          Andy Beshear Kentucky Attorney General Andrew J. Gochenaur Special Assistant Attorney General Frankfort, Kentucky BRIEF FOR APPELLANT

          Adam Braunbeck Louisville, Kentucky BRIEF FOR APPELLEE

          BEFORE COMBS, JOHNSON, AND D. LAMBERT, JUDGES.

          OPINION

          JOHNSON, JUDGE

         The 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 Circuit Court.

         BACKGROUND

         Martin pled guilty to two counts of distributing matter portraying a sexual performance by a minor[1] and twenty counts of possessing matter portraying a sexual performance by a minor.[2] 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 prison.

         On May 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.

         The Commonwealth filed an appeal from the June 20, 2016 Order.

         STANDARD OF REVIEW

         The 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).

         ANALYSIS

         The 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 ...


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