Bowlin v. Commonwealth

OPINION AND ORDER

LAMBERT, Judge:

Joseph Bowlin appeals from the order of the Gallatin Circuit Court revoking his conditional discharge and imposing a five-year sentence for his conviction for flagrant nonsupport. Based upon the Supreme Court of Kentucky’s recent opinion of Commonwealth v. Marshall, 345 S.W.3d 822 (Ky.2011),1 we must hold that the circuit court abused its discretion in revoking Bowlin’s conditional discharge because it failed to provide him with his due process rights. Therefore, we vacate the circuit court’s order.

On April 25, 2005, the Gallatin County grand jury indicted…