Jail Time Credit: PRATHER V. COM. (COA 11/2/2007)

PRATHER V. COM.
CRIMINAL:  JAIL TIME CREDIT

2006-CA-001267
PUBLISHED; AFFIRMING 
PANEL:  KELLER PRESIDING; LAMBERT, STUMBO CONCUR
COUNTY: MASON
DATE RENDERED: 11/02/2007

The defendant appealed the circuit court’s denial of his motion for additional jail time credit for the six months he served for his misdemeanor convictions while his felony charge was diverted. COA affirmed holding he was not entitle to a credit because Prather had already served the six-month sentence by the time he was convicted and sentenced on the felony charge, we hold that he was not entitled to a credit.

Because Prather was not actually incarcerated for the felony conviction until after he had served out the misdemeanor sentence, the six months cannot be credited against his felony sentence.

The provisions of KRS 532.110(1)(a) do not apply to Prather, and the circuit court properly denied his motion for a six-month credit to his two-year felony sentence.

Digested by Michael Stevens

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