Harris v. Commonwealth

COMBS, Judge.

Appellant was probated after pleading guilty to a misdemeanor, receiving stolen property valued under $100. While on probation, he was convicted of two counts of first-degree rape.

After the felony conviction appellant’s probated sentence from the misdemeanor was revoked and the trial court held that the misdemeanor sentence was to run consecutively with the felony sentence, which is the issue on appeal. We disagree with the trial court, and reverse.

KRS 532.110(l)(a) reads as follows:

When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime,…