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.

Flege v. Commonwealth

Court of Appeals of Kentucky

August 3, 2018

LARRI FLEGE APPELLANT
v.
COMMONWEALTH OF KENTUCKY APPELLEE

          APPEAL FROM GRANT CIRCUIT COURT HONORABLE REBECCA LESLIE KNIGHT, JUDGE ACTION NO. 16-CR-00056

          BRIEFS FOR APPELLANT: Robert C. Yang Assistant Public Advocate Frankfort, Kentucky

          BRIEF FOR APPELLEE: Andy Beshear Attorney General of Kentucky Frankfort, Kentucky Perry T. Ryan Assistant Attorney General Frankfort, Kentucky

          BEFORE: KRAMER, J. LAMBERT AND TAYLOR, JUDGES.

          OPINION

          KRAMER, JUDGE:

         Larri Flege was convicted by the Grant Circuit Court of operating a motor vehicle under the influence, fourth or subsequent offense within a five-year period, and sentenced to, inter alia, three years of imprisonment, sixty months of license revocation, and thirty months of using an ignition interlock license/device. Her sentence of imprisonment was then probated for five years on various conditions, including that she serve 120 days of incarceration without work release. Flege moved for an order to allow her to apply for an ignition interlock device during her license revocation period. The circuit court denied her motion, and she appeals.

         After a careful review of the record and the law, we vacate the circuit court's order because we agree with the Commonwealth that the district court had exclusive jurisdiction over Flege's motion to file an application for an ignition interlock device. Consequently, we vacate the circuit court's order because it lacked jurisdiction over Flege's motion.

         Flege was indicted on the charge of operating a motor vehicle under the influence, fourth or subsequent offense within a five-year period. The Commonwealth and Flege entered into a plea agreement. The agreement provided that Flege would enter her guilty plea to the amended charge, [1] and in exchange for her plea, the Commonwealth agreed to recommend that Flege be sentenced to three years of imprisonment, sixty months of license revocation, and a DUI service fee. The Commonwealth also agreed to defer to the court on the imposition of fines and to not oppose Flege being placed on probation for five years, subject to certain conditions, including that she be required to serve 120 days of incarceration. The agreement further provided that Flege would be required to obtain a license for and use an ignition interlock device for a period of thirty months.

         Flege moved to enter her guilty plea in accord with the plea agreement. The circuit court accepted her guilty plea and amended the charge as provided in the plea agreement.

         On final sentencing, Flege was sentenced to three years of imprisonment, a $1, 000 fine, sixty (60) months of license revocation, a DUI service fee, thirty months of using an ignition interlock license/device, and court costs. The court then waived the fine and probated her sentence for five years, subject to various conditions, which included that she be incarcerated for 120 days.

         Approximately six months after the final judgment was entered in this case, Flege moved the circuit court for an order allowing her to apply for an ignition interlock device during the license revocation period. The circuit court denied her motion, finding that the final judgment accurately reflected the conditions of the plea agreement, i.e., that she would have sixty months of license revocation and thirty months of an ignition interlock device. The court then held that "pursuant to [Kentucky Revised Statute] KRS [189A.340(1)(b)(3)], the Defendant may operate a motor vehicle equipped with a functioning Ignition Interlock Device for a period of thirty (30) months; that thirty (30)[-]month period shall commence upon the expiration of the sixty (60)[-]month period of revocation."

         Flege now appeals the circuit court's order. She contends that the circuit court erred when it did not permit her to apply for an ignition interlock device during her sixty-month period of license revocation. Because we must vacate the circuit court's order due to lack of jurisdiction, we do not reach Flege's arguments.

         This matter involves statutory interpretation; therefore, our review is de novo. See Rhodes v. Commonwealth, 417 S.W.3d 762, 764-65 (Ky. App. 2013). Consequently, the circuit court's decision in this matter is entitled to no deference.

         Pursuant to KRS 189A.400(1), "The District Court shall have exclusive jurisdiction over the issuance of ignition interlock and hardship licenses." (Emphasis added.) Flege filed her application in the circuit court, which should have dismissed her ...


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.