Fultz v. Commonwealth

GANT, Judge.

Appellant, along with William Robinson and Patrick Sullivan, was indicted for armed robbery. The record discloses that both Robinson and Sullivan entered a plea of guilty to robbery in the second degree and that on hearing for probation the Commonwealth Attorney stated that both were eligible for probation under KRS 533.060, as they were not “the armed individual.” Subsequently, appellant was permitted to plead to the same reduced charge and, in open court, admitted that he committed the robbery “while armed with a pistol.” Probation was denied as prohibited under KRS 533.060.

This…