Legal Opinion

Schooler v. Commonwealth

Court of Appeals of Kentucky

Decided December 30, 1981PublishedCited by 3 opinions

1Opinion of the Court

WINTERSHEIMER, Judge.

This appeal is from a judgment entered May 29, 1981, which imposed a sentence of two years in the penitentiary after Schooler pled guilty to theft by unlawful taking.

The sole issue is whether KRS 532.050 permits a trial judge to consider an adult’s juvenile record when imposing sentence for a felony.

Schooler argues that his juvenile records are privileged under KRS 208.350 and should not be considered in sentencing.

This Court affirms the judgment of the trial court.

The trial judge was correct in construing KRS 532.050 as the controlling law. The statute relied on by…

2Cases cited5 opinions

  1. People v. McFarlinMichigan Supreme Court · 1973
  2. Commonwealth, Department of Banking & Securities v. BrownKentucky Supreme Court · 1980
  3. Heady v. CommonwealthKentucky Supreme Court · 1980
  4. Young v. StateCourt of Criminal Appeals of Oklahoma · 1976
  5. Mitchell v. GladdenOregon Supreme Court · 1961

3Cited by3 opinions

  1. Fairbanks v. LargeCourt of Appeals of Kentucky · 1997
  2. Bogard v. CommonwealthCourt of Appeals of Kentucky · 1984
  3. Commonwealth v. SchindlerKentucky Supreme Court · 1984

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