Wethington v. Commonwealth

MARTIN, Chief Judge.

The defendant, Ralph P. Wething-ton, appeals from a Fayette Circuit Court criminal Judgment sentencing him in accordance with KRS 533.060(2). This section provides that a person who is convicted or enters a plea of guilty to a felony committed while on parole, probation, shock-probation, or conditional discharge, shall not be eligible for this treatment or concurrent sentencing on the subsequent offense. The defendant argues in this case, since the offenses of which he was convicted occurred before KRS 533.060 became effective, the application of this sentencing provision…