Mullins v. Commonwealth

SCHRODER, Judge.

The appellant, sixteen-year-old Anthony B. Mullins, entered a plea of guilty but mentally ill to manslaughter, first degree, upon a recommendation of a twelve year sentence. The court imposed the twelve year sentence. Probation was denied based upon the “violent offender” statute, KRS 439.3401, which prohibits parole until the appellant has served at least fifty percent of his sentence. The trial court concluded that by implication, probation was not an option under the statute.

On appeal, appellant asserts error in interpretation of the statute because KRS 439.3401(3) deals…