Commonwealth v. Wright
Annotate this CaseAppellee entered guilty pleas to three charges of theft by unlawful taking over $300. The final judgment provided that Appellee be placed on supervised probation for five years and pay restitution. After the expiration of Appellee's probationary period, the Commonwealth moved to revoke Appellee's probation based upon his failure to pay restitution. The circuit court denied the motion, concluding that, pursuant to Conrad v. Evridge, the circuit court was without jurisdiction to revoke Appellee's probation. In so holding, the circuit court rejected the Commonwealth's argument that Ky. Rev. Stat. 533.020(4) operated to automatically extend Appellee's probationary period so long as he failed to complete payment of the restitution as ordered. The Supreme Court affirmed, holding (1) section 533.020(4) authorizes a trial court to extend the duration of a sentence of probation only if such an extension is necessary for payment of restitution; and (2) upon expiration of Appellee's probationary period, the trial court lost jurisdiction over the case and was without authority to revoke Appellee's probation.
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