Commonwealth v. Tapp

OPINION OF THE COURT BY

JUSTICE KELLER

The circuit court revoked David Tapp’s probation. On appeal, the Court of Appeals vacated the circuit court’s order, and the Commonwealth appeals from that Court’s opinion. With a critical difference in analysis and for the reasons set forth below, we affirm.

I. BACKGROUND.

On January 6, 2012, Tapp entered a guilty plea to several drug offenses. On February 2, 2012, the court sentenced Tapp to one year in prison, probated for one year. The court conditioned Tapp’s probation, in pertinent part, on Tapp remaining free of any additional criminal charges.

On…