Whitcomb v. Commonwealth
Annotate this CaseIn 2000, Appellant pled guilty to one count of theft by deception and was sentenced to a one-year term of imprisonment, probated for a period of five years. After Appellant failed to report to her probation officer, the trial court issued a warrant for her arrest. In 2011, Appellant was finally served with the arrest warrant. After a probation revocation hearing, the trial court dismissed the Commonwealth’s motion to revoke Appellant’s probation, determining that Appellant’s period of probation had already expired. The court of appeals reversed, concluded that because Appellant “intentionally absconded,” she was barred from claiming that her probationary period had expired. The Supreme Court affirmed, holding (1) the issuance of a warrant for a probation violation will toll the period of probation preventing the probationer from being automatically discharged pursuant to Ky. Rev. Stat. 533.020(4); (2) the warrant, however, must be issued before the expiration of the period of probation; and (3) since the circuit court issued a warrant for Appellant’s arrest within the five-year probationary period, it retained jurisdiction to conduct a probation revocation hearing.
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