Gilbert v. Commonwealth

OPINION AND ORDER

BUCKINGHAM, Judge.

Christopher Gilbert (Gilbert) moves this court for an enlargement of time to file a motion for discretionary review.

On April 26, 1999, the Harlan Circuit Court affirmed Gilbert’s district court conviction. On May 26, 1999, Gilbert’s counsel mailed a motion for discretionary review of the circuit court opinion to this court by U.S. Postal Service first-class mail (first-class mail). On May 27, 1999, this court received the motion, but the motion was returned as untimely pursuant to Kentucky Rule of Civil Procedure (CR) 76.20(2)(a).

Gilbert now moves the court…