FROM GRANT CIRCUIT COURT HONORABLE REBECCA LESLIE KNIGHT,
JUDGE ACTION NO. 16-CR-00056
FOR APPELLANT: Robert C. Yang Assistant Public Advocate
FOR APPELLEE: Andy Beshear Attorney General of Kentucky
Frankfort, Kentucky Perry T. Ryan Assistant Attorney General
BEFORE: KRAMER, J. LAMBERT AND TAYLOR, JUDGES.
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.
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
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,  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.
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.
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.
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."
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.
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.
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 ...