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.

Commonwealth v. Reed

Court of Appeals of Kentucky

April 26, 2019

COMMONWEALTH OF KENTUCKY APPELLANT
v.
KEITH MARIO REED APPELLEE

          APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE MITCH PERRY, JUDGE ACTION NOS. 16-CR-000837 AND 16-CR-000945

          BRIEF FOR APPELLANT: Andy Beshear Attorney General of Kentucky Jeanne Anderson Special Assistant Attorney General Louisville, Kentucky.

          BRIEF FOR APPELLEE: Cicely J. Lambert Louisville, Kentucky.

          BEFORE: CLAYTON, CHIEF JUDGE; JONES AND L. THOMPSON, JUDGES.

          OPINION

          THOMPSON, L., JUDGE.

         The Commonwealth of Kentucky appeals from the grant of Keith Reed's motion for shock probation. The Commonwealth argues that Appellee is not eligible for shock probation because he committed a violent crime and because the order granting shock probation was untimely entered. We find no error and affirm.

         Byron Knott was living with Appellee on March 24, 2016. On that date, a number of people were gathered at Appellee's home socializing outside. Appellee, who was initially inside the residence, eventually exited and began complaining about the people outside. Appellee began arguing with Andrea Love, the mother of Mr. Knott's child. Mr. Knott got between Ms. Love and Appellee. Appellee and Mr. Knott began arguing and Mr. Knott punched Appellee. Mr. Knott and Appellee then began fighting on the ground. Ms. Love and Appellee's paramour tried to break up the fight, with Ms. Love punching Appellee.

         Eventually the fight ended, and Appellee went inside the house. Appellee returned outside with a baseball bat. Mr. Knott took the bat away from Appellee. Appellee then went back inside and retrieved a kitchen knife and a cell phone. He then went back outside. Appellee was on the porch of the residence with the knife in one hand and the phone in the other. Appellee called 911.

         Mr. Knott, with the bat, then approached Appellee. After yelling at one another, Mr. Knott threw the bat away and stated that the two should "fight like men." Appellee did not drop the knife. Mr. Knott then punched Appellee and Appellee stabbed Mr. Knott. Mr. Knott died from the stab wound. Appellee was found guilty by a jury of reckless homicide and being a persistent felony offender in the first degree. Appellee was sentenced to fifteen years in prison.

         On March 28, 2018, Appellee timely filed a motion for shock probation. The court held a hearing on the matter. The Commonwealth argued that Appellee should not be granted shock probation because he committed a violent act. The court disagreed with the Commonwealth's argument and granted Appellee shock probation. This appeal followed.

         The Commonwealth's first argument on appeal is that Appellee is not entitled to shock probation. The relevant statutes at issue are Kentucky Revised Statute (KRS) 439.265, the conditional discharge statute, and KRS 532.080, the persistent felony offender statute. KRS 439.265 states in relevant part:

(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any Circuit Court may, upon motion of the defendant made not earlier than thirty (30) days nor later than one hundred eighty (180) days after the defendant has been incarcerated in a county jail following his conviction and sentencing pending delivery to the institution to which he has been sentenced, or delivered to the keeper of the institution to which he has been sentenced, suspend the further execution of the sentence and place the defendant on probation upon terms the court determines. Time spent on any form of release following conviction shall not count toward time required under this section.
(2) The court shall consider any motion filed in accordance with subsection (1) of this section within sixty (60) days of the filing date of that motion, and shall enter its ruling within ten (10) days after considering the motion. The defendant may, in the discretion of the trial court, have the right to a hearing on any motion he may file, or have filed for him, that would suspend further execution of sentence. Any court order granting or denying a motion to suspend further execution of sentence is not reviewable.

         KRS 532.080(7) concerns shock probation for people convicted of being a persistent felony offender in the first degree, which applies to Appellee. ...


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.