SMALL v. COM.


617 S.W.2d 61 (1981)

Roosevelt SMALL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 22, 1981.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, R. Neal Walker, Asst. Public Advocate, Commonwealth of Kentucky, Frankfort, for appellant.

Steven L. Beshear, Atty. Gen., Elizabeth E. Blackford, Asst. Atty. Gen., Mary Dentinger, Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, HOWARD and HOWERTON, JJ.


HOWARD, Judge.

Roosevelt Small appeals from an order revoking his shock probation. On February 20, 1979, he pled guilty to reckless homicide and received a sentence of five years. The Honorable Willard Paxton was the Commonwealth's attorney and recommended the sentence appellant received. Appellant received shock probation on May 24, 1979. Mr. Paxton later became Circuit Judge.

In January of 1980, appellant was arrested and charged with DUI. He pled guilty...

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