Commonwealth v. Dulin

Opinion of the Court by

Justice VENTERS.

Appellant, Commonwealth of Kentucky, appeals from an opinion of the Court of Appeals holding that KRS 533.040(2) did not extend the original expiration date of Appellee’s, Derick Dulin, term of probation and, therefore, the Jefferson Circuit Court lost jurisdiction to revoke Dulin’s probation when it purported to do so by an order entered in September 2008. The Court of Appeals concluded that the circuit court erred by denying Dulin’s motion for post-judgment relief from the revocation order pursuant to CR 60.02 and RCr 10.26.

In denying Dulin’s motion,…