Myers v. Commonwealth

SCHRODER, Judge.

This is an appeal from an order of the circuit court denying appellant’s motion for relief pursuant to CR 60.02 claiming the trial court’s revocation of his probationary sentence was violative of KRS 533.040(3).

The appellant, French D. Myers, plead guilty to second-degree burglary (amended) and receiving stolen property. The trial court withheld the sentence of five years on each offense and imposed five years probation on June 15,1989. Appellant was subsequently arrested on a sixteen-count indictment for offenses allegedly occurring between September 27 and October 19, 1989.…