CHESTER (CHARLES EDWARD) VS. COMMONWEALTH OF KENTUCKY
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RENDERED: MARCH 26, 2010; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2008-CA-001784-MR
CHARLES EDWARD CHESTER, JR.
v.
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE JAMES M. SHAKE, JUDGE
ACTION NO. 06-CR-001923
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION AND ORDER
DISMISSING
** ** ** ** **
BEFORE: NICKELL, MOORE, AND WINE, JUDGES.
NICKELL, JUDGE: Charles Edward Chester, Jr., pro se, filed a notice of appeal
from the denial of his motion “For C.C.C. Work Release/C.T.S. For # 11 months”
entered on August 2, 2008. No such order appears on the face of the record. From
what we are able to discern from his largely incomprehensible brief, it appears
Chester is arguing either that he has not been given proper credit for the time he
has spent in custody or that he should be ordered to serve the remainder of his
sentence at the Carl D. Perkins Comprehensive Vocational and Rehabilitation
Training Center.
Neither of the issues we have discerned is ripe for review by this
Court. The record contains no order denying Chester jail time credit. Further, the
circuit court has no authority over the housing arrangements of inmates,
Commonwealth v. Partin, 702 S.W.2d 51 (Ky. App. 1985), and no order relative to
Chester’s placement appears in the record.
Therefore, it appearing this appeal having been taken from a nonexistent order and there being no justiciable issue before this Court, this appeal
must be and hereby is DISMISSED.
Chester has also moved this Court for leave to file one copy of his
reply brief. The Commonwealth has not filed a response to the motion. Having
considered the matter, and the Clerk having previously made and distributed the
requisite copies, Chester’s motion for leave is hereby GRANTED.
ALL CONCUR.
/s/ C. Shea Nickell
JUDGE, COURT OF APPEALS
ENTERED: March 26, 2010
-2-
BRIEFS FOR APPELLANT:
BRIEF FOR APPELLEE:
Charles Edward Chester, Jr., pro se
West Liberty, Kentucky
Jack Conway
Attorney General of Kentucky
Gregory C. Fuchs
Assistant Attorney General
Frankfort, Kentucky
-3-
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