JAMES JULIAN JULICK v. COMMONWEALTH OF KENTUCKY
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RENDERED: December 4, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1997-CA-002289-MR
JAMES JULIAN JULICK
APPELLANT
APPEAL FROM BOONE CIRCUIT COURT
HONORABLE JOSEPH BAMBERGER, JUDGE
ACTION NO. 96-CR-000052
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
REVERSING AND REMANDING
WITH DIRECTIONS
** ** ** ** **
BEFORE:
GUDGEL, CHIEF JUDGE; GUIDUGLI AND MILLER, JUDGES.
MILLER, JUDGE: James J. Julick (Julick) brings this pro se appeal
from a July 10, 1997 order of the Boone Circuit Court denying a
motion for jail time credit.
We reverse and remand with
directions.
On June 5, 1996, Julick was arrested on the charge of
possession of a controlled substance in the first degree (Ky.
Rev. Stat. (KRS) 218A. 1415)) in case number 96-CR-00052.
December 4, 1996, Julick pled guilty to the felony charge.
On
That
same day, he also pled guilty to a misdemeanor charge of criminal
conspiracy to possess a controlled substance in the first degree
(KRS 506.040 and 218A.1415) in case number 96-CR-00142.
On
December 10, 1996, the circuit court sentenced Julick to five
years' imprisonment in case number 96-CR-00052 and “1 year”
imprisonment in case number 96-CR-00142.
The misdemeanor
conviction was ordered to run concurrently with the felony
conviction.1
The circuit court gave Julick zero days' jail time
credit on the felony conviction and 200 days' jail time credit on
the misdemeanor.
On July 1, 1997, Julick made a motion pursuant to Ky.
R. Crim. P. 10.10 to correct the judgment in case number 96-CR00052 to reflect jail time credit of 195 days.
The circuit court
overruled said motion, stating that the 195 days' jail time was
credited toward his misdemeanor sentence in case number 96-CR142.
This appeal followed.
Julick argues that he is entitled to such credit for
the period he was lodged in the Boone Detention Center awaiting
the disposition of case number 96-CR-00052.
We agree.
As the
two sentences in question were ordered to run concurrently, the
circuit court was required to credit the 200 days of jail time
previously applied to case number 96-CR-00142 to Julick’s felony
conviction in case number 96-CR-00052.
See Lemon v. Corrections
Cabinet, Ky. App., 712 S.W.2d 370 (1986), and KRS 532.120(3).
1
Ky. Rev. Stat. 530.110 mandates such.
-2-
As it failed to do so, we must reverse the circuit court’s
order.2
For the foregoing reasons, the July 10, 1997 Order of
the Boone Circuit Court is reversed and this cause is remanded
with directions to amend the judgment in case number 96-CR-00052
to reflect the appropriate jail time credit.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
James Julian Julick, Pro Se
Marion Adjustment Center
St. Mary, KY
A. B. Chandler III
Attorney General
and
Joseph R. Johnson
Assistant Attorney General
Frankfort, KY
2
It appears that the Department of Corrections has already applied the 200 days of jail
time credit to Julick’s felony conviction in 96-CR-00052. Pursuant to Ky. Rev. Stat. 532.120(3),
however, such credit must be ordered by the court imposing the sentence which is to be credited.
-3-
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