Legal Opinion

McClure v. Commonwealth

Court of Appeals of Kentucky

Decided March 13, 2015No. 2013-CA-002090-MRPublishedCited by 46 opinions

1Opinion of the Court

OPINION

MAZE, JUDGE:

Appellant, Brian McClure, appeals from an order of the Powell Circuit Court revoking his probation. Having reviewed the record and the relevant law in this case, we conclude that the trial court’s order revoking McClure’s probation lacked an essential finding. Therefore, we must remand.

Background

On July 25, 2012, a Powell County grand jury indicted McClure on charges of Burglary, Theft of a Controlled Substance, and Theft by Unlawful Taking. In December 2012, the trial court accepted McClure’s plea of guilty to all charges and sentenced him to five years’ imprisonment. The…

2Cases cited5 opinions

  1. Miller v. EldridgeKentucky Supreme Court · 2004
  2. Clark v. CommonwealthKentucky Supreme Court · 2007
  3. Commonwealth v. AndrewsKentucky Supreme Court · 2014
  4. Southwood v. CommonwealthCourt of Appeals of Kentucky · 2012
  5. Jarrell v. CommonwealthCourt of Appeals of Kentucky · 2012

3Cited by46 opinions

  1. Lainhart v. CommonwealthCourt of Appeals of Kentucky · 2017
  2. Blankenship v. CommonwealthCourt of Appeals of Kentucky · 2015
  3. Burnett v. CommonwealthCourt of Appeals of Kentucky · 2017
  4. Price v. CommonwealthCourt of Appeals of Kentucky · 2017
  5. Hall v. CommonwealthCourt of Appeals of Kentucky · 2018

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