HENSLEY (RONALD A.) VS. COMMONWEALTH OF KENTUCKYAnnotate this Case
RENDERED: OCTOBER 31, 2008; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
RONALD A. HENSLEY
APPEAL FROM CAMPBELL CIRCUIT COURT
HONORABLE FRED STINE, V, JUDGE
ACTION NOS. 92-CR-00449, 93-CR-00017
COMMONWEALTH OF KENTUCKY
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BEFORE: CAPERTON AND VANMETER, JUDGES; GUIDUGLI,1 SENIOR
GUIDUGLI, SENIOR JUDGE: On March 1, 1993, Ronald A. Hensley was
convicted of three counts of robbery in the first degree and sentenced to serve 14
years for each charge. The sentences were then ordered to run concurrently for a
Senior Judge Daniel T. Guidugli sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580.
total of 14 years. He was first paroled on December 1, 1995, but that was revoked
for a violation and he was returned to prison on September 12, 1996. He was again
paroled on July 10, 1998, but again violated the terms of his parole and was
returned to prison on September 29, 1999. While on parole, he was indicted in
Kenton County and was sentenced to serve 3 years for a firearms related charge.
Pursuant to Kentucky Revised Statutes (KRS) 533.060(2) that sentence must run
consecutively with the initial 14-year sentence in Campbell County.
Hensley ultimately filed a motion pursuant to Kentucky Rules of Civil
Procedure (CR) 60.02 seeking what was termed a “satisfaction of judgment.” His
motion presented the argument that he was entitled to ten days of statutory good
time credit for each month he had served in prison. In essence, his argument was
that by applying the ten-day credit pursuant to KRS 197.045(1), the original
sentence of 14 years had expired and he was entitled to have that judgment
recorded as being satisfied so he could then commence serving the new three-year
sentence and ultimately be released. The trial court denied the motion and this
appeal followed. After a review of the record, we affirm the judgment of the
Campbell Circuit Court.
“Any person convicted and sentenced to a state penal institution may
receive a credit to his sentence not exceeding ten (10) days for each month served,
except as provided in this section, to be determined by the department from the
conduct of the prisoner.” KRS 197.045(1). The ten-day credit is not a right and
the Department of Corrections has “the right to determine whether he was entitled
to receive such benefit.” Fowler v. Black, 364 S.W.2d 164, 165 (Ky. 1963). The
trial court correctly determined that the application of the ten-day per month credit
against Hensley’s sentence is discretionary with the Department of Corrections.
The Department has elected to not credit those days to Hensley. Therefore, his
sentence has not yet reached its expiration point and will not do so for some time.
Generally, a prisoner is not entitled to a hearing on the denial of forfeiture of so
called good time credits. McGuffin v. Cowan, 505 S.W.2d 773 (Ky. 1974). The
motion pursuant to CR 60.02 was founded on the incorrect assumption the ten-day
per month credit was a mandatory right and was appropriately denied.
The judgment of the Campbell Circuit Court is affirmed.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Ronald A. Hensley, pro se
Attorney General of Kentucky
Gregory C. Fuchs
Assistant Attorney General