Opinion
NO. 2012-CA-001226-MR
2013-09-13
CHRISTOPHER PARGEN APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEFS FOR APPELLANT: John Gerhart Landon Assistant Public Advocate Department of Public Advocacy Frankfort, Kentucky BRIEF FOR APPELLEE: Jack Conway Attorney General of Kentucky Frankfort, Kentucky Todd D. Ferguson Assistant Attorney General Frankfort, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM MONTGOMERY CIRCUIT COURT
HONORABLE BETH LEWIS MAZE, JUDGE
ACTION NO. 05-CR-00019
OPINION
VACATING AND REMANDING
WITH DIRECTIONS
BEFORE: ACREE, CHIEF JUDGE; COMBS AND TAYLOR, JUDGES. TAYLOR, JUDGE: Christopher Pargen was convicted of drug related charges in January 2007 and was granted probation for a period of five years beginning on February 15, 2007. His probation was revoked on June 18, 2012. This appeal follows.
We vacate and remand in light of Miller v. Commonwealth, 391 S.W.3d 801 (Ky. 2013), rendered by the Kentucky Supreme Court on February 21, 2013, holding that a period of probation generally may not be extended beyond the maximum statutory term except upon a defendant's voluntary and knowing request or consent. Upon remand, we direct the circuit court to reconsider its June 19, 2012, order revoking probation in accordance with the ruling in Miller, 391 S.W.3d 801.
The record reveals that appellant's probation was extended beyond the statutory maximum term of five years (Kentucky Revised Statutes 533.020(4)) by a November 7, 2011, order.
For the foregoing reasons, the order of the Montgomery Circuit Court is vacated and remanded with directions to reconsider its decision revoking appellant's probation in light of the authority cited.
ALL CONCUR. BRIEFS FOR APPELLANT: John Gerhart Landon
Assistant Public Advocate
Department of Public Advocacy
Frankfort, Kentucky
BRIEF FOR APPELLEE: Jack Conway
Attorney General of Kentucky
Frankfort, Kentucky
Todd D. Ferguson
Assistant Attorney General
Frankfort, Kentucky