Jail time credit waived by defendant in guilty plea agreement: PROPES V. COM. (COA 6/6/2008)

PROPES V. COM
CRIMINAL:  Jail Time Credit
2007-CA-001440
PUBLISHED: THOMPSON PRESIDING; CAPERTON, LAMBERT CONCUR
MONROE COUNTY
DATE RENDERED: 6/6/2008

CA affirmed TC’s order denying Propes’ motion for additional jail time credit for the 352 days he served prior to pleading guilty to Assault 2nd. Propes accepted and signed a plea agreement which specifically provided that he was waiving any jail time credit accumulated prior to accepting the Commonwealth’s plea offer. While Propes contends he was illegally sentenced, the Commonwealth agreed to amend his first-degree assault charge, a Class B felony with a maximum term of twenty years, to second-degree assault, and to dismiss his first-degree wanton endangerment charge. Therefore, we conclude that Propes’ guilty plea waived the operation of KRS 532.120(3). Furthermore, because the waiver of the statute does not constitute a constitutional waiver, there is no constitutional prohibition against presuming that Probes’ waiver was valid.

Digested by Scott C. Byrd
www.OlginandByrd.com