Commonwealth v. Andrews

OPINION OF THE COURT BY

JUSTICE ABRAMSON

The Commonwealth of Kentucky appeals from a Court of Appeals decision reversing the Pulaski Circuit Court’s revocation of Joseph Andrews’s probation. Finding that the Pulaski Circuit Court had abused its discretion when it revoked Andrews’s probation pursuant to Kentucky Revised Statute (“KRS”) 439.3106, the Court of Appeals reversed and remanded the matter to the circuit court for it to impose an alternative to revocation and incarceration. On discretionary review, the Commonwealth now claims that the Court of Appeals erred in finding that KRS 439.3106,…