DONNA LEE IVEY v. COMMONWEALTH OF KENTUCKY
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RENDERED:
DECEMBER 7, 2001; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2001-CA-000434-MR
DONNA LEE IVEY
v.
APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE LEWIS G. PAISLEY, JUDGE
INDICTMENT NOS. 99-CR-0865 AND 99-CR-1073
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
VACATING AND REMANDING
** ** ** ** **
BEFORE:
DYCHE, JOHNSON, AND KNOPF, JUDGES.
DYCHE, JUDGE:
The Grand Jury of Fayette County handed up two
indictments against appellant, Donna Lee Ivey.
No. 99-CR-865
charged her with 21 counts of Criminal Possession of a Forged
Instrument, second degree (KRS 516.060), and one count of Giving
a False Name to a Police Officer (KRS 523.110).
No. 99-CR-1073
charged her with one count of Theft by Unlawful Taking, over $300
(KRS 514.030).
Ivey negotiated a plea with the Commonwealth Attorney
which called for her to plead guilty to some of the charges in
the first indictment, and to be sentenced to a term of probation,
on the condition that she make restitution in the amount of
$949.68; in addition, the charges in the second indictment would
be dismissed and she would make restitution in the amount of
$1645.00.
Apparently because the indictments were initially
assigned to different divisions of the Fayette Circuit Court, the
entry of an order concerning restitution under the second
indictment was deferred, and a hearing was held at a later date.
Following that hearing, the court ordered Ivey to pay restitution
in the amount of $1720.50.
This appeal followed.
The Commonwealth agrees with Ivey that relief is
appropriate in this case.
The original plea agreement was not
followed by the court, through inadvertence rather than intent;
that original agreement should be honored, as Ivey argues, and as
the Commonwealth agrees.
The order of the Fayette Circuit Court is vacated, and
this matter is remanded for further proceedings not inconsistent
with this opinion.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
J. Nick Payne
Lexington, Kentucky
Albert B. Chandler III
Attorney General of Kentucky
Matthew D. Nelson
Assistant Attorney General
Frankfort, Kentucky
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