Small v. Commonwealth

HOWARD, Judge.

Roosevelt Small appeals from an order revoking his shock probation. On February 20,1979, he pled guilty to reckless homicide and received a sentence of five years. The Honorable Willard Paxton was the Commonwealth’s attorney and recommended the sentence appellant received. Appellant received shock probation on May 24, 1979. Mr. Paxton later became Circuit Judge.

In January of 1980, appellant was arrested and charged with DUI. He pled guilty to reckless driving on April 14, 1980. This was used as a basis for a probation revocation hearing held on September 17, 1980, over which…