Peeler v. Commonwealth

OPINION

LAMBERT, Senior Judge (Assigned).

The issue presented for review is whether it was reversible error for Glenn Peeler to be sentenced to prison following his removal from the Hardin Circuit Court pretrial diversion program without a separate sentencing hearing and a new pre-sentence investigation report.

On March 13, 2007, Peeler pled guilty to an amended charge of first-degree wanton endangerment in exchange for the Commonwealth’s offer of pre-trial diversion. The agreement provided that Peeler must forfeit any and all items seized during his arrest, complete thirty-two hours per week of…