CRIMINAL LAW – Circuit court has no authority to conduct sua sponte shock probation hearing: Dayron Castellanos Hidalgo, Real Party in Interest v. Commonwealth of Kentucky, et al. Hon. A.C. McCay Chavin, Judge (SC 6/25/2009)

Dayron Castellanos Hidalgo, Real Party in Interest v. Commonwealth of Kentucky, et al. Hon. A.C. McCay Chavin, Judge Jefferson Circuit Court v. Commonwealth of Kentucky, et al.
2008-SC-000429-MR June 25, 2009
2008-SC-000518-MR June 25, 2009
Opinion by Justice Cunningham. All sitting; all concur.

The Supreme Court holds that circuit court has no authority to conduct a sua sponte shock probation hearing. As part of a court-approved plea deal, the defendant agreed not to seek shock probation. The circuit court subsequently scheduled a shock probation hearing. The Commonwealth petitioned the Court of Appeals for a writ of prohibition, which was granted. The Court of Appeals ruled the writ was warranted since the judge was proceeding outside his jurisdiction and there was no adequate remedy on appeal. The Supreme Court affirmed the Court of Appeals, holding that shock probation is wholly a creation of statute which requires a defendant’s motion for shock probation as a condition precedent for establishing jurisdiction for the circuit court.