A.W. v. Commonwealth

Dissenting Opinion by

Justice COOPER.

Today’s majority opinion permits a trial court, under the pretext of exercising its contempt powers, to (1) increase a defendant’s punishment post hoc because the defendant -violated a condition of probation and (2) circumvent the explicit maximum sentences authorized by the Unified Judicial Code, specifically KRS 635.060. Because I believe a trial court’s contempt powers should be narrowly defined and employed only when no other remedy is available, I respectfully dissent.

In Hord v. Commonwealth, 450 S.W.2d 530 (Ky.1970), our predecessor court held that to…