Criminal: JONES V. COMMONWEALTH (COA 7/26/2006)

JONES V. COMMONWEALTH
CRIMINAL:  Conditional guilty plea
2005-CA-002333
TO BE PUBLISHED 
AFFIRMING (COMBS)
Date Rendered:  7/26/2006

Gabrielle Jones, a convicted sex-offender, appeals from an order revoking her conditional discharge from the penitentiary.   COA affirmed finding no error of the trial court.

At her 2005 revocation hearing. Jones admitted that she had violated the terms of her conditional discharge, but she argued that the proceedings against her should be dismissed since the court’s written judgment failed to include any reference to the provisions of KRS 532.043 or to a period of conditional discharge.

Upon her conviction as a sex offender sentenced in 2001, however,  Jones automatically became subject to the period of conditional discharge as a matter of law. Therefore, the omission of any mention of the statute or of its requirements in the court’s written judgment is not erroneous and Jones is bound by its provisions.  Even if a recitation of the period of conditional
discharge were a necessary component of the judgment, the trial court would be entitled to amend the judgment at any time to correct a clerical error.

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