Martin v. Commonwealth

OPINION OF THE COURT BY CHIEF JUSTICE MINTON

*121If the Commonwealth fails to object to a trial court's exercise of jurisdiction over a criminal defendant's motion for shock probation, it waives its ability to raise that issue on appeal. This is exactly what happened in this case. So we reverse the Court of Appeals holding and remand this case to that court to consider the issue it did not reach.

I. BACKGROUND.

The grand jury indicted Troy Martin on two counts of distribution of matter portraying a sexual performance by a minor and 20 counts of possession of matter portraying a sexual performance by…