FROM KENTON CIRCUIT COURT HONORABLE KATHLEEN S. LAPE, JUDGE
ACTION NO. 15-CR-00654
FOR APPELLANT: Steven Nathan Goens Assistant Public Advocate
Department of Public Advocacy Frankfort, Kentucky
FOR APPELLEE: Andy Beshear Attorney General of Kentucky James
Havey Assistant Attorney General Frankfort, Kentucky
BEFORE: COMBS, KRAMER AND THOMPSON, JUDGES.
Collinsworth appeals from the order on revocation of
probation in Kenton Circuit Court case number 15-CR-00654
(the Kenton County case) on the basis that this sentence
should have been ordered concurrent with her sentences in
Campbell Circuit Court case numbers 16-CR-00457 and
16-CR-00458 (the Campbell County cases).
February 2016, Collinsworth pled guilty in the Kenton County
case to criminal possession of a forged instrument, second
degree, a class D felony. In March 2016, the court entered a
judgment of conviction and she was sentenced to three years
of incarceration, probated for five years, and ordered to
serve thirty days with no credit for time served.
on probation, approximately five weeks after completing her
thirty-day sanction, Collinsworth committed additional crimes
in Campbell County, was arrested and remained in jail. On
July 27, 2016, in case number 16-CR-00457, Collinsworth was
convicted for possession of a controlled substance, heroin,
and in case number 16-CR-00458, she was convicted for
tampering with physical evidence and possession of a
controlled substance, heroin. These crimes were all Class D
felonies. In each case, she was sentenced to serve one year
of incarceration, for a total of two years.
October 19, 2016, Collinsworth's probation officer filed
an affidavit and a violation of supervision report in the
Kenton County case based on Collinsworth's receiving the
two new felony convictions in the Campbell County cases.
Collinsworth's probation officer recommended that her
probation be revoked. A bench warrant was issued for her
aggregate sentences as a nonviolent offender for the Campbell
County cases qualified her for early consideration of parole
pursuant to Kentucky Revised Statutes (KRS) 439.340(3)(a).
After being incarcerated for approximately six months,
Collinsworth was granted parole effective November 17, 2016,
in her Campbell County cases. As part of her parole, she was
ordered to complete substance abuse treatment and mental
health treatment. Collinsworth continued to be held in
custody pursuant to her Kenton County case.
Collinsworth's revocation of probation hearing held on
December 6, 2016, she stipulated to the probation
officer's affidavit but explained there was no agreement
on her disposition.
circuit court asked Collinsworth's probation officer why
it took so long to file for revocation of Collinsworth's
probation after she was arrested on subsequent crimes and
then convicted. The probation officer indicated that he
inherited her case and it disappeared from his caseload after
she was sentenced but reappeared when she was considered for
parole. He also testified that it was in Collinsworth's
best interest to have her probation revoked because if she
later obtained parole on the Kenton County case, she would
receive some credit while on parole, but none while on
the circuit court ruled Collinsworth's probation would be
revoked, Collinsworth requested that she be sentenced
concurrently with the Campbell County cases. She argued the
Commonwealth's delay in seeking probation revocation
required her sentence in the Kenton County case to be ordered
concurrent with her Campbell County cases pursuant to KRS
533.040(3). The Commonwealth requested that
Collinsworth's sentence in the Kenton County case be
ordered to be served consecutively to her sentences in the
Campbell County cases. The circuit court stated it would make
Collinsworth's sentence in the Kenton case consecutive to
those in the Campbell cases, explaining it interpreted KRS
533.040(3) differently than Collinsworth.
written order revoking probation, entered on December 12,
2016, the circuit court found based on Collinsworth's
stipulations that she violated her probation, she was a
significant risk to the community and she could not be
appropriately managed in the community. The circuit court
ordered Collinsworth incarcerated for three years, with
credit for time spent in custody. The written order was
silent as to whether ...