Legal Opinion

Adams v. Commonwealth

Court of Appeals of Kentucky

Decided July 14, 2000No. Nos. 1999-CA-001094-MR, 1999-CA-001215-MRPublished

1Opinion of the Court

OPINION

SCHRODER, Judge:

These are two appeals from two judgments of conviction wherein the court determined that appellant was ineligible for probation under KRS 533.060(2) because the offenses were committed while appellant was on parole from a prior felony conviction. Appellant argues that regardless of the fact that he committed the offenses while on parole from a prior felony, he was eligible for probation under KRS 532.080(5) and KRS 533.030(7) because the present offenses were all Class D nonviolent felonies. We hold that KRS 532.080(5) and KRS 533.030(7) control over *574KRS 533.060(2) and,…

2Cases cited10 opinions

  1. Williams v. CommonwealthCourt of Appeals of Kentucky · 1992
  2. Hughes v. CommonwealthKentucky Supreme Court · 1994
  3. Devore v. CommonwealthKentucky Supreme Court · 1984
  4. Commonwealth v. MartinCourt of Appeals of Kentucky · 1989
  5. Morgan County Board of Education v. ElliottCourt of Appeals of Kentucky (pre-1976) · 1935

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