Kozak v. Commonwealth

Concurring Opinion by

Justice SCOTT.

Although I concur with the majority, I believe Johnson v. Commonwealth, 90 S.W.3d 39, 44 (Ky.2002) and Commonwealth v. Townsend, 87 S.W.3d 12 (Ky. 2002) support the proposition that a juvenile may impliedly waive provisions of the juvenile code under Kentucky law. I likewise believe it cannot be credibly argued, here, that Appellant’s plea agreement was not entered into voluntarily and with knowledge. Indeed, Appellant made a sensible and strategic decision in accepting the plea. However, I concur with the majority for reasons that our holding establishes a…