Commonwealth v. Gross

BAKER, Justice.

The issue in this post-conviction controversy concerns whether a circuit court has jurisdiction to enter a probated sentence subsequent to the final affirmance of a conviction on appeal.

In February of 1992, Clark Gross was convicted in the Fayette Circuit Court of First Degree Rape of his former fiance as well as Second Degree Burglary in gaining entry to her apartment. The jury recommended concurrent sentences totaling 13 years. Subsequently, the Fayette Circuit Court entered final judgment sentencing Gross to imprisonment by order entered on March 9, 1992. That judgment…