WILLIAM B. ADAMS V. COMMONWEALTH OF KENTUCKY
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RENDERED: April 16, 1999; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1997-CA-003249-MR
WILLIAM B. ADAMS
APPELLANT
APPEAL FROM McCRACKEN CIRCUIT COURT
HONORABLE R. JEFFREY HINES, JUDGE
ACTION NO. 95-CR-193
V.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION AFFIRMING
* * * * * * * *
BEFORE:
GUDGEL, Chief Judge; COMBS and GARDNER, Judges.
GUDGEL, CHIEF JUDGE: Appellant William Adams appeals pro se from
an order entered by the McCracken Circuit Court denying his
motion for jail time credit based upon KRS 532.120.
We affirm.
Adams was arrested on April 29, 1995, for shooting his
ex-wife in the chest, and he was subsequently indicted on one
felony count of first-degree assault.
In July, Adams filed a
motion seeking a reduction of his $25,000 full cash bond pursuant
to RCr 4.40.
The trial court conducted a hearing and granted the
motion in part, allowing Adams to secure the bond by paying ten
percent in cash and guaranteeing the remaining $22,500 through an
approved surety.
Adams posted the revised bond and was released
from jail on July 21.
On October 20, Adams entered a guilty plea to the
amended charge of second-degree assault pursuant to a plea
bargaining agreement and the Commonwealth’s recommendation of ten
On January 26, 1996,1 after considering the
years’ imprisonment.
presentence investigation report, the court sentenced Adams in
accordance with the recommendation and gave him credit for
sixty-eight days served.
On April 16, the court entered an
agreed order amending the final judgment and sentence to state
that Adams would be given credit for eighty-eight days served.
On August 13, 1997, Adams filed a motion pursuant to
KRS 532.120 seeking a credit for 370 days served.
The court
denied the motion and reaffirmed the previous credit of
eighty-eight days.
This appeal followed.
Adams argues that he is entitled to receive jail time
credit of 370 days.
We disagree.
KRS 532.120(3) states in part that “[t]ime 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.”
(Emphasis added.)
KRS 520.010(2) defines
“custody” as “restraint by a public servant pursuant to a lawful
arrest, detention, or an order of court for law enforcement
purposes, but does not include supervision of probation or parole
1
Adams was sentenced and placed in jail on this date, but
the final judgment and sentence was not officially entered into
the record until February 2, 1996.
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or constraint incidental to release on bail[.]” (Emphasis added.)
Hence, Adams clearly was not “in custody” while he was out of
jail on bail between July 21, 1995, and January 26, 1996, and he
is not entitled to jail credit for that period.
See, e.g.,
Prewitt v. Wilkinson, Ky. App., 843 S.W.2d 335 (1992) (addressing
the manner in which release on bail affects jail time credit).
Moreover, we are not persuaded that a different result
is compelled by a computer document, apparently generated by the
McCracken County Jail and entitled “Inmate Book-In Sheet,” which
was attached as an exhibit to Adams’ motion.
Although one line
in the document appears to indicate that Adams was in jail for
370 days, the document neither explains how this calculation was
reached nor reflects the fact that Adams was released on bail.
Instead, the record indicates that Adams was arrested on April
29, 1995, and finally released on May 3, 1996.
Apparently, Adams remained in the McCracken County Jail
between his January 26, 1996, sentencing date and his final
transfer to a state penal institution on May 3, 1996, during
which time he received postjudgment credit from the department of
corrections toward the service of his sentence.
Moreover, the
370-day jail time figure clearly incorporates the entire period
between Adams’s initial entry on arrest and his final exit upon
transfer to a state institution, even though he in fact was
released on bail during much of this time period.
As Adams was
entitled to a credit only for the actual time he spent in jail
-3-
prior to final sentencing, the trial court did not err by denying
his motion for a 370-day jail credit.
See KRS 532.120.
The court’s order is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
William B. Adams
LaGrange, KY
A.B. Chandler III
Attorney General
Joseph R. Johnson
Assistant Attorney General
Frankfort, KY
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