CRIMINAL – Probation: Rosario v. Commonwealth (COA 10/2/2009)

Rosario v. Commonwealth
2008-CA-002053 10/02/09 2009 WL 3151116 DR Pending
Opinion by Judge Caperton; Judges Clayton and Dixon concurred.

The Court affirmed an order of the circuit court denying appellant’s motion to modify the terms of his probation. The Court held that sex offender registration under KRS Chapter 17 was mandatory and neither a condition of sentencing nor discretionary for the trial court. The Court then held that any appeal must necessarily be from the conviction upon which registration was based. Therefore, the appeal was untimely.