CURTSINGER v. COMMONWEALTH


549 S.W.2d 515 (1977)

Donnie Ruby CURTSINGER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

April 22, 1977.


Attorney(s) appearing for the Case

Jack E. Farley, Public Defender, Larry H. Marshall, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., William W. Pollard, Asst. Atty. Gen., Frankfort, for appellee.


LUKOWSKY, Justice.

On February 20, 1968 appellant Donnie Ruby Curtsinger was adjudged guilty of possession of burglar's tools by the Jefferson Circuit Court and given the maximum ten (10) year sentence for that offense. KRS 433.120(2). Rendition of judgment was, however, withheld pursuant to KRS 439.260 and appellant was placed upon probation for the maximum five year period allowed by KRS 439.270. Within this statutory period the trial court, on June 22, 1972, had...

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