Clayborn v. Commonwealth

COMBS, Judge.

This is an appeal from a judgment of the Bullitt Circuit Court, revoking appellant’s conditional probation and sentencing him to five years’ imprisonment.

In November of 1979, appellant was convicted of second-degree assault and sentenced to five years’ confinement in the penitentiary. The trial court refused to probate appellant’s sentence in the final judgment, and we affirmed his conviction on appeal. Appellant then filed a KRS 439.265 motion to suspend further execution of his sentence. The lower court granted the motion subject to various conditions, but primarily required…