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Grady v. Commonwealth

Court of Appeals of Kentucky

April 27, 2018

CEDRIC GRADY APPELLANT
v.
COMMONWEALTH OF KENTUCKY APPELLEE

          APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE OLU STEVENS, JUDGE ACTION NOS. 07-CR-001561 and 11-CR-001968

          BRIEFS FOR APPELLANT: Joshua R. Hartman Louisville, Kentucky

          BRIEF FOR APPELLEE: Andy Beshear Attorney General of Kentucky Susan Roncarti Lenz Assistant Attorney General Frankfort, Kentucky

          BEFORE: COMBS, D. LAMBERT AND THOMPSON, JUDGES.

          OPINION

          THOMPSON, JUDGE.

         Cedric Grady appeals from an order of the Jefferson Circuit Court denying his motion pursuant to Kentucky Rules of Civil Procedure (CR) 60.02 alleging that a sentence imposed in 2013 was illegal because it exceeded the statutory maximum.

         On October 22, 2006, Grady robbed Paul Criswell at gunpoint, shooting him in the chest. Two days later, on October 24, 2006, Grady robbed Jennifer Rogers at gunpoint. He then led police on a high-speed chase and, after wrecking his car and attempting to break into an occupied apartment, he broke into a different apartment to hide from police.

         Grady was indicted on a variety of charges arising from his two-day crime spree. He was convicted in the Jefferson Circuit Court on two counts of first-degree robbery, one count of second-degree assault, one count of theft by unlawful taking over $300, one count of second-degree burglary, two counts of first-degree wanton endangerment, one count of first-degree fleeing or evading the police and one count of first-degree unlawful imprisonment. Grady was also found to be a first-degree persistent felony offender. He was sentenced to seventy-years' imprisonment. Grady v. Commonwealth, 325 S.W.3d 333, 338 (Ky. 2010). Grady appealed, and the Supreme Court reversed and remanded. Id.

         The charges for which Grady was retried were contained in three separate indictments. 07-CR-0227 charged first-degree robbery for the robbery of Jennifer Rogers. 07-CR-1561 charged second-degree burglary; fleeing or evading police with a motor vehicle; two counts of first-degree wanton endangerment; first-degree unlawful imprisonment; and second-degree criminal attempt, burglary. 11-CR-1968 charged first-degree robbery for the robbery of Paul Criswell; second- degree assault; possession of a handgun by a convicted felon; and theft by unlawful taking over $300.

         On the third day of trial, Grady's counsel and the Commonwealth announced a plea agreement had been reached to resolve all the charges. The trial court was given the plea sheets for indictment 07-CR-0227, 07-CR-1561 and 11-CR-1968 and noted the Commonwealth's recommendations. In 07-CR-0227, Grady agreed to plead guilty to first-degree robbery and the Commonwealth recommended a total of ten years. In 07-CR-1561, Grady agreed to plead guilty to second-degree burglary, fleeing or evading with a motor vehicle, two counts of first-degree wanton endangerment, first-degree unlawful imprisonment, and the criminal attempt charge. The Commonwealth recommended a total of ten years. On 11-CR-1968, the first-degree robbery was amended to second-degree robbery. In exchange for Grady's guilty plea to those charges, the Commonwealth recommended a total of twenty years for the robbery and ten years on each of the assault and possession charges. The theft charge was dismissed.

         The ten-year sentence in 07-CR-1561 and the twenty-year sentence in 11-CR-1968 were to run consecutively for a total of thirty years to run consecutively to the ten-year sentence in 07-CR-0227. Grady agreed to serve the ten-year sentence in 07-CR-0227 after which, the remaining thirty-year sentence in 07-CR-1561 and 11-CR-1968 would be probated for five years.

         During the plea colloquy, the trial court read the charges from each of the three indictments. Regarding 07-CR-0227, the trial court indicated that on October 24, 2006, Grady robbed Jennifer Rogers at gunpoint and stole $552. Grady admitted that those facts were true. Regarding 07-CR-1561 and 11-CR-1968, Grady admitted he led police on a high-speed chase threatening the lives of two officers, attempted to burglarize a home, burglarized another home and held the occupant against his will. He further admitted as true that on October 22, 2006, he robbed Paul Criswell.

         After admitting the facts in the three indictments and pleading guilty, Grady asked to be sentenced that day. Grady was sentenced in accordance with the Commonwealth's recommendations.

         The trial court issued a judgment in 07-CR-0227 and a separate judgment in the consolidated cases of 07-CR-1561 and 11-CR-1968, which expressly referenced ...


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