Chipman v. Commonwealth

Opinion of the Court by

Justice NOBLE.

This case involves the disposition of a juvenile convicted in circuit court and sentenced as a youthful offender. The Court of Appeals affirmed. This Court granted discretionary review to address two issues: (1) Does KRS 640.040(4) apply to a youthful offender transferred to the circuit court based on her “use of a firearm” under KRS 635.020(4) when she pleads guilty to a lesser included offense, the elements of which do not reflect the use of a firearm? And (2), in answering the first question, what sources should the court consider? For the reasons set…