LARRY E. KEPHART v. COMMONWEALTH OF KENTUCKY
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RENDERED: June 1, 2001; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2000-CA-002223-MR
LARRY E. KEPHART
APPELLANT
APPEAL FROM KENTON CIRCUIT COURT
HONORABLE PATRICIA M. SUMME, JUDGE
ACTION NO. 84-CR-00206
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
BARBER, BUCKINGHAM, AND MILLER, JUDGES.
MILLER, JUDGE:
Larry E. Kephart brings this pro se appeal from a
September 8, 2000, order of the Kenton Circuit Court.
We affirm.
On December 18, 1984, appellant was sentenced to ten
years' imprisonment upon the charge of first-degree robbery under
Indictment No. 84-CR-206.
He was taken to the Kentucky State
Reformatory at LaGrange, Kentucky, on January 4, 1985, for
service of sentence.
On August 23, 1985, appellant was sentenced
to one year imprisonment upon the charge of first-degree
promoting contraband under Indictment No. 85-CR-128.
This crime
was committed while confined in the institution at LaGrange.
sentence was ordered to run consecutively with his prior
The
sentence, which brought his total sentence to eleven years.
was paroled July 30, 1987.
He
His parole was subsequently revoked,
and he was returned to prison May 30, 1990.
On June 3, 1990,
appellant was sentenced to twenty years' imprisonment on two
counts of first-degree robbery and for being a first-degree
persistent felony offender under Indictment No. 89-CR-254.
This
twenty-year sentence was ordered to run consecutively to his
previous sentence, which brought the total sentence length to
thirty-one years.
On August 31, 2000, appellant filed a motion under Ky.
R. Civ. P. (CR) 60.02.
status.
Appellant was granted in forma pauperis
On September 8, 2000, appellant's motion was denied.
This appeal follows.
Appellant contends the circuit court committed
reversible error by denying his CR 60.02 motion.
Specifically,
appellant contends that the Department of Corrections violated
the prohibition against double jeopardy by improperly calculating
his sentence.
The Department of Corrections calculated
appellant's total sentence based upon the three indictments to be
thirty-one years.
Appellant urges this Court to vacate his ten-
year sentence under Indictment No. 84-CR-206, or in the
alternative, to enter an order requiring the ten-year sentence to
run concurrently with his twenty-year sentence imposed by the
circuit court in Indictment No. 89-CR-254.
for appellant's allegations.
We perceive no basis
We think the Department of
Corrections did, in fact, calculate his sentences correctly as
such sentences were to run consecutively.
-2-
Upon the whole, we are of the opinion that the circuit
court did not commit reversible error by denying appellant's CR
60.02 motion.
For the foregoing reasons, the order of the Kenton
Circuit Court is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Larry E. Kephart, Pro Se
Central City, Kentucky
Albert B. Chandler III
Attorney General of Kentucky
Frankfort, Kentucky
Perry T. Ryan
Assistant Attorney General
Frankfort, Kentucky
Jack Damron
Frankfort, Kentucky
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