Ware v. Commonwealth

OPINION

BARBER, Judge:

This opinion affirms the trial court’s judgment finding that Kentucky law bars Appellant Tracy Ware from consideration for probation following an armed robbery conviction.

Ware entered a guilty plea to committing the offense of robbery in the first degree by taking money from a Big Foot Food Mart while armed with a BB gun. The Commonwealth expressly objected to any probation or pre-sentence release of Ware. The Judgment of Conviction entered by the trial court stated, in pertinent part:

The Court given due consideration to the pre-sentence report, and to the nature and…