ISAAC BASS v. COMMONWEALTH OF KENTUCKYAnnotate this Case
RENDERED: NOVEMBER 16, 2007; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE W. DOUGLAS KEMPER, JUDGE
ACTION NOS. 04-CR-002653 & 05-CR-000247
COMMONWEALTH OF KENTUCKY
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BEFORE: KELLER AND TAYLOR, JUDGES; HENRY,1 SENIOR JUDGE.
KELLER, JUDGE: Isaac Bass appeals from the Jefferson Circuit Court's Order denying
his motion for additional jail time credit. For the reasons set forth below, we affirm.
The parties do not dispute the underlying salient facts. On July 24, 2004,
Bass visited his ex-wife, Kristy Taylor (Taylor). During the visit, Taylor thought that
Bass was acting strangely; therefore, she made a telephone call seeking emergency
Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580.
medical assistance and a telephone call seeking assistance from the police. When the
police arrived, two officers attempted to get Bass to leave Taylor's bedroom; however,
Bass was uncooperative and a struggle ensued. The officers ultimately subdued and
arrested Bass, charging him with a number of offenses. While in jail awaiting trial on
those charges, Bass was served with outstanding warrants for failure to pay child support.
It appears from the record that Bass pled guilty to misdemeanor non-support and received
a sentence of twelve months' imprisonment. Bass stated in his brief that he pled guilty to
the non-support charges, in part, based on an agreement that his sentence would run
concurrently with any sentence he might receive related to the July 24, 2004, incident.
We note that the record does contain mention of Bass's guilty plea to the misdemeanor
non-support charges; however, the record does not contain any evidence that the
Commonwealth or the sentencing court agreed that the resulting sentence would run
concurrently with any sentence Bass might receive related to the July 24, 2004, incident.
Following trial regarding the events of July 24, 2004, a jury convicted Bass
of illegal possession of a controlled substance in the first degree, assault in the third
degree, fleeing/evading a police officer in the second degree, and violation of a protective
order. Pursuant to a post-trial plea agreement entered on March 3, 2006, the trial court
entered a judgment and sentenced Bass to a total of seven years' imprisonment. We note
that the plea agreement indicates that the sentences arising from the July 24, 2004,
incident were to run concurrently; however, there is no mention of the misdemeanor
non-support convictions. Bass then sought jail time credit for the entire time he had been
incarcerated, which included the time he was incarcerated for the misdemeanor nonsupport convictions. A probation and parole officer determined that Bass was only
entitled to jail time credit for the 248 day period he was in jail awaiting trial on the
charges that arose from the July 24, 2004, incident. The probation and parole officer
stated that Bass was not entitled to jail time credit for the time he was incarcerated related
to the misdemeanor non-support conviction. Based on the probation and parole officer's
recommendation, the trial court entered an order denying Bass's motion for additional jail
time credit. It is from this order that Bass appeals.
STANDARD OF REVIEW
Whether Bass is entitled to additional jail time credit is a question of law;
therefore, the standard of review is de novo. See A & A Mechanical, Inc. v. Thermal
Equipment Sales, Inc., 998 S.W.2d 505, 509 (Ky.App. 1999).
In his brief, Bass argues that the trial court's denial of his motion for
additional jail time credit amounted to an abuse of discretion. In support of his position,
Bass primarily cites to KRS 532.110, KRS 532.120, and Lemon v. Corrections Cabinet,
712 S.W.2d 370 (Ky.App. 1986). KRS 532.110 provides that:
(1) When multiple sentences of imprisonment are imposed on
a defendant for more than one (1) crime, including a crime for
which a previous sentence of probation or conditional
discharge has been revoked, the multiple sentences shall run
concurrently or consecutively as the court shall determine at
the time of sentence, except that:
(a) A definite and an indeterminate term shall run
concurrently and both sentences shall be satisfied by service
of the indeterminate term[.]
KRS 532.120(3) provides:
Time spent in custody prior to the commencement of a
sentence as a result of the charge that culminated in the
sentence shall be credited by the court imposing sentence
toward service of the maximum term of imprisonment. If the
sentence is to an indeterminate term of imprisonment, the
time spent in custody prior to the commencement of the
sentence shall be considered for all purposes as time served in
We note that conviction of a felony results in a sentence for an indeterminate term, KRS
532.060(1), while conviction of a misdemeanor results in a sentence of a definite term.
KRS 532.090. Reading these two statutes together, sentences for imprisonment for a
felony and a misdemeanor shall run concurrently; however, jail time credit is only
mandatory when the time served is related to the crime for which a sentence is ultimately
imposed. Bass argues that, under KRS 532.110(1), his misdemeanor non-support
convictions and his subsequent convictions merged and therefore, the time he served for
the misdemeanor non-support convictions should count as time served against his
subsequent convictions. However, "KRS 532.120(3) is only mandatory if the accused
spends time in custody relating to a charge which ultimately culminates in a conviction.
Therefore, a trial court is not usually required to give credit for time served as a result of
other charges . . . . [S]uch credit lies within the sound discretion of the trial court[.]"
Lemon v. Corrections Cabinet, 712 S.W.2d 370, 371 (Ky.App. 1986). See also Belt v.
Commonwealth, 2 S.W.3d 790, 794 (Ky.App. 1999). The trial court herein chose not to
allocate credit to Bass for the time he served for his misdemeanor non-support
convictions, and it was not compelled to do so. Therefore, we affirm the trial court's
denial of Bass's request for additional jail time credit.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Isaac Bass, pro se
Sandy Hook, Kentucky
Gregory D. Stumbo
Courtney J. Hightower
Assistant Attorney General