FREDERICK AGYEMAN v. COMMONWEALTH OF KENTUCKY
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RENDERED: APRIL 18, 2003; 10:00 a.m.
NOT TO BE PUBLISHED
Commonwealth Of Kentucky
Court of Appeals
NO. 1999-CA-000702-MR
FREDERICK AGYEMAN
APPELLANT
APPEAL FROM ANDERSON CIRCUIT COURT
HONORABLE WILLIAM F. STEWART, JUDGE
ACTION NO. 96-CR-00022
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
DYCHE, JOHNSON, AND SCHRODER, JUDGES.
DYCHE, JUDGE.
Frederick Agyeman appeals the denial of his CR
59.02 motion to vacate the order denying his motion for
prerelease probation.
We affirm.
On February 3, 1998, Agyeman entered a plea of guilty
to two counts of third-degree rape.
On February 24, 1998, he
was sentenced in accordance with his plea agreement with the
Commonwealth to two years’ imprisonment.
On December 11, 1998,
he filed a motion for prerelease probation pursuant to KRS
439.470.
That motion was denied on January 27, 1999.
No appeal
was taken from that order.
On February 8, 1999, he filed the present motion to
vacate the January 27, 1999 order.
March 15, 1999.
That motion was denied on
This appeal followed.
Agyeman raises three arguments on appeal, all relating
to the denial of his motion for prerelease probation.
The
arguments are moot, as the prerelease probation statute was
declared to be unconstitutional by the Kentucky Supreme Court in
Prater v. Commonwealth, Ky., 82 S.W.3d 898 (2002).
The order of
the Anderson Circuit Court is affirmed.
ALL CONCUR.
APPELLANT PRO SE:
BRIEF FOR APPELLEE:
Frederick Agyeman
LaGrange, Kentucky
Albert B. Chandler, III
Attorney General
Perry T. Ryan
Assistant Attorney General
Frankfort, Kentucky
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