Devore v. Commonwealth overruled to extent it requires all subsequent sentences for crimes committed while on probation or parole to be run consecutively to each other: PEYTON V. COM (SC 5/22/2008)

PEYTON v. COM
CRIMINAL:  Criminal – KRS 533.060(2)
2006-SC-000343-MR.pdf
PUBLISHED: AFFIRMING IN PART, REVERSING IN PART
OPINION BY SCOTT
FROM HOPKINS COUNTY
DATE RENDERED: 5/22/2008

SC affirmed Defendant’s convictions of three counts of first-degree trafficking in a controlled substance and of being a persistent felony offender in the first degree; however, SC reversed 34 year sentence and remanded for a new hearing. In the context of KRS 533.060(2), the language, "the period of confinement for that felony shall not run concurrently with any other sentence," should be construed as meaning that subsequent felony offense(s) committed while on probation or parole may not be run concurrently with the sentence for which the individual is on probation or parole. In the instance of multiple-count subsequent felony offenses committed while on probation or parole, however, these subsequent offenses may be run either consecutively or concurrently, at the court’s discretion. Accordingly, SC held that to the extent Devore v. Commonwealth , 662 S.W.2d 829, 831 (Ky. 1984) requires all subsequent sentences for crimes committed while on probation or parole to be run consecutively to each other, it is overruled.

Digested by Scott C. Byrd
Olgin and Byrd