DEONTAE GOTT v. COMMONWEALTH OF KENTUCKY
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RENDERED:
October 30, 1998; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1997-CA-000225-MR
DEONTAE GOTT
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE JAMES M. SHAKE, JUDGE
ACTION NO. 95-CR-003246
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION VACATING
AND ORDER DISMISSING APPEAL
* * * * * * * * * *
BEFORE:
KNOPF, MILLER, AND SCHRODER, JUDGES.
KNOPF, JUDGE.
Appellant, Deontae Gott (Gott) appeals the
judgment denying him shock probation.
We vacate the circuit
court order and dismiss this appeal as moot.
The sole issue in this appeal is whether Gott, who as a
juvenile pled guilty of conspiracy to commit robbery in the first
degree, was eligible for shock probation.
However, on June 19,
1998, this Court rendered a non-published opinion, Case No. 1996CA-000830-MR, affirming Gott’s conviction, but reversing and
remanding for resentencing in accordance with Commonwealth v.
Halsell, Ky., 934 S.W.2d 552 (1996) and Britt v. Commonwealth,
Ky., 965 S.W.2d 147 (1998).
The circuit court has since rendered an amended
sentence convicting Gott of conspiracy to commit robbery in the
first degree was entered in Jefferson Circuit Court on September
10, 1998.
Therefore, Gott’s appeal to this Court on the issue of
shock probation is not ripe for review.
Gott may move the
circuit court for shock probation on his amended sentence in
compliance with KRS 439.265.
The order of the Jefferson Circuit Court denying Gott’s
motion for shock probation is VACATED, and this appeal is
DISMISSED.
ENTERED: October 30, 1998
William L. Knopf
JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
J. David Niehaus
Daniel T. Goyette
Louisville, Kentucky
A. B. Chandler III
Attorney General
Vickie L. Wise
Assistant Attorney General
Frankfort, Kentucky
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