CRIMINAL – Sentencing, concurrent running (misdemeanor, felony): Brown v. Commonwealth (COA 9/18/2009)

Brown v. Commonwealth

2008-CA-001259 9/18/09 2009 WL 2971687 Opinion by Judge Lambert; Judge Taylor and Senior Judge Henry concurred.

The Court affirmed an order of the circuit court running appellant’s twelve-month misdemeanor sentence consecutively with a three-year felony sentence imposed pursuant to KRS 5330.60(3).

The Court held that where there is a conflict between KRS 532.110(1) and KRS 533.060(2) or where either statute could apply to direct sentencing, KRS 533.060 controls Commonwealth v. Hunt, 619 S.W.2d 733 (Ky. App. 1981) and Handley v. Commonwealth, 653 S.W.2d 165 (Ky. App. 1983). Because appellant committed at least one offense while she was on bond and awaiting trial for other offenses, KRS 533.060(3) controlled.

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