Richardson v. Commonwealth

OPINION

MAZE, JUDGE:

Blondell Richardson appeals from an order of the Estill Circuit Court voiding his pretrial diversion and sentencing him to two years in prison. Richardson asserts that KRS1533.256(2) required the trial court to employ the criteria provided in KRS 439.3106 prior to entering its order. We agree. . Hence, we reverse and remand.

Background

On January 14, 2011, a. grand jury indicted Richardson on a felony charge of Receipt of Stolen Property stemming 'from Richardson’s theft of a rifle. Richardson later entered an Alford '2 plea and moved for pretrial diversion. The Commonwealth…