CRIMINAL – Sentencing, Pretrial Diversion: Tucker v. Commonwealth (COA 9/25/2009)

Tucker v. Commonwealth
2007-CA-001545 9/25/09 2009 WL 3047488

Opinion by Senior Judge Harris; Chief Judge Combs and Judge Thompson concurred. The Court reversed and remanded with instructions to dismiss an indictment with prejudice and to list the case as “Dismissed-Diverted” pursuant to KRS 533.528.

The Court held that because the Commonwealth failed to seek to have appellant’s Class D Felony Pretrial Diversion voided, as required by KRS 533.256(1), before the expiration of the pretrial diversion period, the trial court lacked authority to revoke the pretrial diversion.