COMMONWEALTH v. BATCHELOR


714 S.W.2d 158 (1986)

COMMONWEALTH of Kentucky, Appellant, v. Brian BATCHELOR, A/K/A Gerald Joseph Savail, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals August 15, 1986.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., John S. Gillig, Asst. Atty. Gen., Frankfort, for appellant.

Richard Gangwish II, Fort Mitchell, for appellee.

Before HAYES, C.J. and CLAYTON and WILHOIT, JJ.


HAYES, Chief Judge:

The sole issue to be resolved in this appeal is whether the Commonwealth is entitled to retain control over property which may be subject to forfeiture under the penal code until proceedings against the individual charged have been completed. We are convinced that the Commonwealth may hold such property pending resolution of the underlying criminal charges and upon conviction subject the property to forfeiture.

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