Martin v. CommonwealthAnnotate this Case
The Supreme Court reversed the decision of the court of appeals concluding that the trial court lacked jurisdiction over Defendant's motion for shock probation, holding that the Commonwealth waived its ability to raise that issue on appeal by failing to object during the trial court proceedings.
Defendant pled guilty to two counts of distribution of matter portraying a sexual performance by a minor and twenty counts of possession of matter portraying a sexual performance by a minor. While serving his sentence, Defendant filed a motion for shock probation. The Commonwealth did not object to the trial court's exercise of jurisdiction over that motion, and the trial court granted the motion. For the first time on appeal, the Commonwealth argued that the trial court was without jurisdiction to entertain Defendant's motion. The court of appeals agreed and reversed. The Supreme Court reversed and remanded the case, holding that the Commonwealth's issue was not reviewable by the Supreme Court because the Commonwealth never objected to the trial court's exercise of jurisdiction over Defendant's motion.