Sutherland v. Commonwealth

MEMORANDUM OPINION OF THE COURT

The controversy in this case concerns the operation and application of KRS 533.040(3). The specific issue is whether a trial court may make a ruling in a motion to revoke probation, when that ruling is made more than 90 days after the Department of Corrections becomes aware of reasons to revoke.

The statute reads as follows:

A sentence of probation or conditional discharge shall run concurrently with any federal or state jail, prison or parole term for another offense to which the defendant is or becomes subject during the period, unless such sentence of probation…