Commonwealth v. Reed

COOPER, Judge.

This is an appeal from an order of the trial court ruling that the appellee, although pleading guilty to a charge of robbery under KRS 502.020, was not precluded from being granted probation even though his codefendant, armed during the robbery, was. KRS 533.060. On appeal, the single issue is whether the trial court erred, as a matter of law, in so ruling. Reviewing the record below, we affirm.

The facts relative to this action are as follows: In April of 1983, the appellee, Martin J. Reed, and a co-defendant, Kenneth Gartin, were indicted on a charge of robbery in the first…