Prather v. Commonwealth

Opinion of the Court by

Justice SCHRODER.

We accepted discretionary review in this case to determine whether a defendant was entitled to the benefit of the concurrent sentencing statute, KRS 532.110(l)(a), if he pled guilty to misdemeanors and a felony at the same time and received diversion on the felony conviction, but was subsequently ordered to serve the sen tence on the felony. We hold that the concurrent sentencing provision was applicable to Appellant’s case and thus reverse and remand for Appellant to be credited for time served on the misdemeanor convictions.

On September 4, 2001,…