MYERS v. COMMONWEALTH

No. 91-CA-000371-MR.

836 S.W.2d 431 (1992)

French D. MYERS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied By Supreme Court August 26, 1992.


Attorney(s) appearing for the Case

James A. Kidney, Jr., Newport, for appellant.

Chris Gorman, Atty. Gen., Vickie L. Wise, Asst. Atty. Gen., Frankfort, for appellee.

Before HUDDLESTON, SCHRODER and STUMBO, JJ.


SCHRODER, Judge.

This is an appeal from an order of the circuit court denying appellant's motion for relief pursuant to CR 60.02 claiming the trial court's revocation of his probationary sentence was violative of KRS 533.040(3).

The appellant, French D. Myers, plead guilty to second-degree burglary (amended) and receiving stolen property. The trial court withheld the sentence of five years on each offense and imposed five years probation on June 15, 1989....

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